What If My Mountain View Employer Received an H-1B RFE Questioning Specialty Occupation?

Specialty occupation RFEs require evidence that your position requires a U.S. bachelor's degree (or foreign equivalent) in a specific field directly related to the job duties. In Mountain View's tech sector, USCIS frequently challenges entry-level software engineering, data analyst, and product manager roles by claiming they do not require specialized knowledge. Our RFE responses include detailed technical specifications of proprietary systems, organization-wide degree requirements documented in hiring policies, and expert opinion letters from industry professionals establishing that the role cannot be performed without the claimed educational background. RFE response deadlines are strict — typically 87 days from the notice date — and missing the deadline results in automatic petition denial.

What If I'm Switching Employers in Mountain View — Do I Need a New H-1B Petition?

Yes — changing employers requires a new H-1B petition filed by the new employer even if you are already in valid H-1B status. This is called an H-1B transfer or portability petition. Under AC21 portability provisions (INA Section 214(n)), you may begin working for the new Mountain View employer as soon as the new petition is filed — you do not need to wait for approval. However, if the transfer petition is denied, your employment authorization ends immediately. We file transfer petitions with detailed employer-employee relationship evidence including office lease agreements, organizational charts, and client contracts to preempt USCIS challenges in Mountain View's remote-work-heavy tech environment.

What If My H-1B Lottery Registration in Mountain View Wasn't Selected?

If your employer's H-1B lottery registration was not selected during the annual cap season (typically March), you have three primary options: pursue cap-exempt H-1B employment with a qualifying university or research institution in Mountain View, apply for alternative work visas such as O-1 (extraordinary ability) or L-1 (intracompany transfer), or wait until the next lottery season while maintaining lawful status through F-1 OPT extension, L-1, or other valid visa categories. Cap-exempt institutions in the Mountain View area include Stanford University, NASA Ames Research Center, and affiliated nonprofit research entities. We evaluate all available pathways during the initial consultation.

What If USCIS Questions the Employer-Employee Relationship for My Mountain View Remote Position?

USCIS requires proof that the petitioning employer maintains an employer-employee relationship — specifically, the right to control when, where, and how you perform work. Mountain View tech companies with fully remote or client-site work arrangements frequently receive RFEs challenging this relationship. We respond with itineraries showing work location, contracts establishing the employer's supervisory authority, timekeeping and performance review documentation, and detailed descriptions of proprietary systems or tools accessible only through employer credentials. For consultants placed at third-party client sites, we include end-client letters, work orders, and evidence that the petitioning employer — not the end client — controls work assignments and termination authority.