What If My Redwood City Employer's H-1B Petition Receives a Request for Evidence (RFE)?

An RFE means USCIS needs additional documentation to approve your case — typically requesting further proof that your position qualifies as a specialty occupation or that your degree directly relates to the job duties. In Redwood City, common RFE triggers include vague job descriptions, degree fields that don't obviously match the role, or prevailing wage discrepancies on the LCA. You have a statutory deadline — usually 30 to 87 days depending on the RFE type — to submit a comprehensive response. Law Office of Peter Darwin Chu prepares RFE responses that directly address each USCIS concern with supplemental evidence, expert opinion letters when needed, and legal argument citing precedent decisions from the Administrative Appeals Office.

What If I Need to Change Employers in Redwood City While on H-1B Status?

Changing employers requires your new Redwood City employer to file a new H-1B petition (portability filing) before you begin work. Under AC21 portability provisions codified in INA 214(n), you can start working for the new employer as soon as the petition is properly filed — you don't need to wait for approval. However, if the new petition is denied, your work authorization ends immediately. The new employer must file a new Labor Condition Application with DOL, and the petition must be filed before your current H-1B status expires. Law Office of Peter Darwin Chu coordinates portability filings to ensure seamless transitions without status gaps.

What If My Bachelor's Degree Is From a Foreign University — Will USCIS Accept It for My Redwood City H-1B Case?

Foreign degrees require credential evaluation to determine U.S. equivalency. USCIS accepts evaluations from accredited credential evaluation services that conclude your foreign degree is equivalent to a U.S. bachelor's or higher in a specific specialty. For Redwood City H-1B applicants with degrees from India, China, or Europe, we order evaluations from NACES-member organizations and include them with the initial petition filing. If your degree is in a field not directly related to your job — such as a general business degree for a software engineer role — we may need to demonstrate equivalency through a combination of education and progressive work experience under the three-for-one rule (three years of specialized experience equals one year of college).

What If My Redwood City Employer Is a Startup or Small Company — Does That Affect H-1B Approval Chances?

Startup and small company H-1B petitions face heightened scrutiny because USCIS examines the employer's ability to pay the offered wage and the legitimacy of the specialty occupation position. Redwood City startups must provide detailed financial documentation — tax returns, bank statements, funding round documentation — to prove they can pay your salary for the full H-1B validity period. We prepare employer support letters that address company viability, explain the business model, and document why the position requires a degreed professional. Early-stage companies benefit from including investor commitment letters, office lease agreements, and evidence of active business operations.