Date: 08/06/2021

U.S. Department of Homeland Security

USCIS
Nebraska Service Center
P.O. Box 87129
Lincoln, NE 68501-7129

RE: FILE NO: LIN-21-261-51726

YOUR LETTER DATED: July 06, 2021
PETITIONER: KFORCE TECH LLC DBA INFOSOFT SOLUTIONS
BENEFICIARY: RAJU NEELA
CASE TYPE: I-129

Dear Sir or Madam:

This letter is in response to your correspondence, dated July 06, 2021, regarding
File No. LIN-21-261-51726, in which you requested additional information about the VIBE,
Duties of Position in detailed, Pre-Country Limitation Exemption and Maintenance of
Status. Accordingly, Enclosed, please find the following information and documentation.

 Response Letter
 Interoffice Memo “Guidance on the Limitation of Denials Based on
Requests for Evidence Standards Not Required by the Statute,
Regulations or Form Instructions” (Exhibit 1 – Applicable Legal
Standard)
 VIBE information is nothing but Office lease agreement, financial
evidence, photos and prints of the office space etc. (Exhibit 2)
 Job Duties Chart (Exhibit 3)
 Expert Opinion Evaluation and Credential Evaluation Report by Dr.
James B Fraley, CISSP, PMP, CCP (Exhibit 4)
 Dr. James B Fraley’s Evaluator Profile (Exhibit 5)

INFOSOFT SOLUTIONS
196 Princeton Hightstown Rd,Suite 14A Bldg. 2A West Windsor Township, NJ 08550.
Email: hr@infosoftnow.comWeb: www.infosoftnow.comPhone:732-668-3904Fax:732-647-1234
  Dr. Fraley’s Letter from Dean (Exhibit 6)
 Beneficiaries Travel History (Exhibit 7)
 Beneficiaries Latest I-94 (Exhibit 8)
 Approval Notices I-797 (Exhibit 9)
 Beneficiary passport copy with Immigration stamps (Exhibit 10)

APPLICABLE LEGAL STANDARD

An employer who seeks to sponsor a temporary worker in an H1B specialty

occupation is required to establish that the proffered position is specialty in scope. The
Petitioner’s standard of proof in establishing eligibility for nonimmigrant classification is
a preponderance of the evidence. Therefore, the burden of persuasion merely requires
the Petitioner to show that it is more likely than not that the requirements are met.
Matter of Chawathe, 25 I&N Dec. 369, 376 (AAO 2010). “Even if the [D]irector [of the
service center] has some doubt as to the truth, if the petitioner submits relevant,
probative, and credible evidence that lead the [D]irector to believe that the claim is “more
likely than not” or “probably” true, the applicant or petitioner has satisfied the standard
of proof.” Id Mathematically, this translates a chance of anything greater than 50%. See
INS V. Cardoza-Fonseca, 480 U.S. 421, 431 (1987) (discussing “more likely than not” as a
greater than 50% chance of an occurrence taking place)

Moreover, the service must apply the preponderance of the evidence standard to
each element of the petition individually. Cf. Chawathe, 25 I&N Dec. 369 (finding that the
proffered evidence was sufficient to establish multiple requirements of the application by
a preponderance of the evidence). The Service must examine each piece of evidence for
relevance, probative value, and credibility, both individually and within the context of the
entire record. Id. At 376. The service may not combine the doubts it has about each
individual requirement to assert the Petitioner has not met it burden of proof. Where
the evidence shows that each element of the petition is more likely than not to have
been met, the petition must be approved.

Enclosed in Exhibit 1 is an Interoffice Memorandum issued by USCIS regarding

“Guidance on the Limitation of Denials Based on Requests of Evidence Standards Not
Required by the Statute, Regulations or Form Instructions.” The Interoffice Memorandum

INFOSOFT SOLUTIONS
196 Princeton Hightstown Rd,Suite 14A Bldg. 2A West Windsor Township, NJ 08550.
Email: hr@infosoftnow.comWeb: www.infosoftnow.comPhone:732-668-3904Fax:732-647-1234
Indicates that Service Centers should limit requests for evidence to documentation
specifically required by the statute, Regulations or form Instructions. Where evidence not
specifically required by the statute, regulations, or form instructions is requested, the
specific need or reason for the request must be carefully explained. Here, the Service
center Director requested additional documentation not specifically required by the
statute, regulations, or form instructions and failed to provide reasons for its necessity.
Without an explanation as to why the additional documentation is necessary for
adjudication of the petition, the petition cannot be denied based on the Petitioner’s
refusal to submit non-mandatory evidence. The interoffice Memorandum specifically
states:

If after a response to the request of required initial evidence or additional

evidence I received, it is determined that the case should be denied, the
denial decision should be based on statutory or regulatory requirements.
The sole basis of such a denial should not be that the petitioner or applicant
failed to provide evidence that was requested by the Center but is not
required by the statute, regulations or form instructions. Petitions and
applications should not be denied only because the petitioner or the
applicant refused to submit non-mandatory evidence in response to a RFE.

Having provided all the evidence required by the statute, regulations, and form
instructions, it would be improper to deny the petition based solely on the Petitioner’s
refusal to submit non-mandatory evidence.

The Immigration and Nationality Act (INA) §222(c) states, “Every alien applying for
a nonimmigrant visa and for alien registration shall make application therefor in such
form and manner as shall be by regulations prescribed.” Title 8 Code of Federal
Regulations, (8 C.F.R.) at § 103.2(a) states that every petition shall be filed in accordance
with the form instructions. The Form I-129 instructions indicate that the petition must be
filed with:

1. Evidence that a labor condition application (LCA) has been certified

by the U.S. Department of Labor;
2. Evidence Showing that the proposed employment qualifies as a
specialty occupation;

INFOSOFT SOLUTIONS
196 Princeton Hightstown Rd,Suite 14A Bldg. 2A West Windsor Township, NJ 08550.
Email: hr@infosoftnow.comWeb: www.infosoftnow.comPhone:732-668-3904Fax:732-647-1234
 3. Evidence showing that the beneficiary has the required degree by
submitting either;
A. A copy of the beneficiary’s U.S. bachelors or higher degree as
required by the specialty occupation;
B. A copy of a foreign degree and evidence that it is equivalent to
the U.S. degree; or
C. Evidence of education, specialized training, and/or
progressively responsible experience that is equivalent to the
required U.S. degree.
4. A copy of any required license or other official permission to practice
the occupation in the state of intended employment; and
5. A copy of any written contract between the petitioner and the
beneficiary or a summary of the terms of the oral agreement under
which the beneficiary will be employed.
6. Off-site Assignment of H-1B Beneficiaries: Petitioners seeking to place
the H-1B beneficiary off-site at a location other than their own
location must answer general questions regarding this assignment in
Part 5., Basic Information About the Proposed Employment and
Employer. Petitioners should advise the H-1B beneficiary of the off-
site work placement. Additionally, petitioner should submit an
itinerary that shows the dates and places of assignment if the
beneficiary will be providing services at more than one location.

We have submitted the above-mentioned documentation in the original petition

and this response. Per the Interoffice Memorandum, issuing a denial decision as a result
of a request for evidence not required by the statute, regulations, or form instructions
would be improper.

8 C.F.R. § 103.2(b)(8) also addresses the requirements relating to requesting

missing initial or additional evidence. 8 C.F.R. § 103.2(b)(8) states that if all required initial
evidence has been submitted but does not demonstrate eligibility, then USCIS may (1)
deny the petition for ineligibility, (2) request more evidence from the petitioner, or (3)

INFOSOFT SOLUTIONS
196 Princeton Hightstown Rd,Suite 14A Bldg. 2A West Windsor Township, NJ 08550.
Email: hr@infosoftnow.comWeb: www.infosoftnow.comPhone:732-668-3904Fax:732-647-1234
notify the petitioner of its intent to deny the petition. Again, the service must not hold the
Petitioner to a higher standard of proof than required by law. While the burden of proof
lies with the Petitioner, the Petitioner must only show by a preponderance of the
evidence that the requirements for the I-129 petition have been met. In other word, we
met its burden of proof where it how more than a 50% chance, or that it I more likely than
not, that the requirements of the I-129 petition have been met. The Petitioner has met
the preponderance of the evidence standard even without submitting the non-mandatory
evidence requested by the Service Center Director.

The Petitioner provided all required evidence in accordance with the statute,
regulations, and from instruction. The evidence submitted demonstrates by a
preponderance of the evidence that the requirements for the I-129 petition have been
met. Per the Interoffice Memorandum, the petition should not be denied based on
Petitioner’s refusal to submit evidence not specifically required. To do so would be
improper.

VIBE

As we have furnished with the petition Office Lease agreement, business license,
EIN Certificate and company financial documents to satisfy the vibe requirement. Also, we
have registered with Duns & Bradstreet and got the identification D-U-N-S Number is:
118205436. We have Enclosed the registered form under Exhibit 2 for further reference.

SPECIALTY OCCUPATION

As a preliminary matter, the Petitioner presents the record in its totality by (1)
describing the position’s duties with sufficient detail, and (2) establishing that the job
duties require an educational background, or its equivalent, commensurate with a
specialty occupation.

Description of the Network Engineer position

Kforce Tech LLC DBA Infosoft Solutions (Petitioner) is offering the Beneficiary
temporary employment in the position of Network Engineer. The duties Beneficiary is
Expected to Perform are for an “occupation which requires theoretical and practical
application of a body of highly specialized knowledge in fields of human endeavor…and

INFOSOFT SOLUTIONS
196 Princeton Hightstown Rd,Suite 14A Bldg. 2A West Windsor Township, NJ 08550.
Email: hr@infosoftnow.comWeb: www.infosoftnow.comPhone:732-668-3904Fax:732-647-1234
which requires the attainment of a bachelor’s degree or higher specific specialty…” as
accepted in the definition of Specialty Occupation provided in 8 C.F.R. § 214.2(h)(4)(ii).

The job duties the Beneficiary will perform are evidenced by the Petitioner letter.
Itinerary of Services, and Detailed Job Description, all of which were submitted at the time
of the petition’s filing (see original petition). The job duties table below provides a
thorough description of the position’s general job duties, lists the specific tasks,
methodologies and technologies for each general job duty, and demonstrates how the
beneficiary’s educational background is directly related to the duties and responsibilities
of the proffered position.

Please insert job duties chart here

After thorough review of daily job responsibilities of the beneficiary, Dr. James B
Frasley, CISSP, PMP, CCP, in his expert opinion evaluation (Exhibit 4), establishes the
Network Engineer position qualifies as a specialty occupation. Enclosed expert opinion
letter for further reference.

PER-COUNTRY LIMITATION EXEMPTION

As section 214(g)(4) of the Act states that “the period of Authorized admission”
may not exceed 6 years, and because “admission” is defined as “the lawful entry of the
alien into the United States after inspection and authorization by an immigration officer”
only time spent in the United States as a H-1B counts towards the maximum. Thus upon
requesting an extension, the H-1B nonimmigrant can request full days spent outside the
U.S. during the period of petition validity be recaptured and added back to his or her total
maximum period of stay.

To demonstrate his eligibility and appropriate evidence, we are herewith enclosing

his travel dates in the below table, Latest I-94 (Exhibit 8), Travel history from
i94.cbp.dhs.gov (Exhibit 7), Immigration stamps in beneficiary’s passport (Exhibit 10)

Duration of Stay in U.S.

Entry date Exit Date
(MM/DD/YYYY) (MM/DD/YYYY)
02/28/2016(First 02/26/2018
time Entry in the (First Exit)

INFOSOFT SOLUTIONS
196 Princeton Hightstown Rd,Suite 14A Bldg. 2A West Windsor Township, NJ 08550.
Email: hr@infosoftnow.comWeb: www.infosoftnow.comPhone:732-668-3904Fax:732-647-1234
 US)
03/10/2018 (2nd 11/01/2018 (2nd
time entry in to the time exit)
USA)
04/04/2021 ( 3rd Till Date
time re entered in
to USA)

With the above-mentioned exhibits, we have established that the beneficiary will
not exceeded his maximum period of stay, no earlier than 08/11/2024.

MAINTENANCE OF STATUS

Services has asked to submit evidence that establishes the beneficiary has been
gainfully employed by the petitioner.

Beneficiary entered U.S. on April 04, 2021 on an approval obtained by Cyient Inc,
with receipt LIN‐18‐198‐51023 valid from September 12, 2018 to September 11, 2021.
(Attached as Exhibit 8 I-94 and Exhibit 9 I-797 Approved copy).The petitioner and the
beneficiary connected and have the job opportunity where in the petitioner filed the
petition on June 23, 2021.

As per USCIS: Establish a grace period of up to 60 consecutive days during each authorized
validity period for certain high‐skilled nonimmigrant workers when their employment
ends before the end of their authorized validity period, so they may more readily pursue
new employment and an extension of their nonimmigrant status Immigrant‐and‐
nonimmigrant‐visa‐programs.

Hence, the beneficiary does not have any paystubs from his previous employer. We
request you to process this as an extension of stay given the above scenario.

CONCLUSION

As we have provided response to the request acknowledging that the Beneficiary position
is Specialty Occupation with work availability till the H-1B validity period requested and
the beneficiary was maintaining a valid H‐1B nonimmigrant status at the time of filling.
Along with other requests under the RFE also addressed and enclosed the evidence.

INFOSOFT SOLUTIONS
196 Princeton Hightstown Rd,Suite 14A Bldg. 2A West Windsor Township, NJ 08550.
Email: hr@infosoftnow.comWeb: www.infosoftnow.comPhone:732-668-3904Fax:732-647-1234
We believe that the provided response and the evidence submitted will serve in
approving this petition and we will be more than happy to provide any other additional
evidence or information if need be.

Thanking you for your detailed attention and assistance.

Truly yours,

Patibandla Krupa,
President,
Kforce Tech LLC DBA Infosoft Solutions.

INFOSOFT SOLUTIONS
196 Princeton Hightstown Rd,Suite 14A Bldg. 2A West Windsor Township, NJ 08550.
Email: hr@infosoftnow.comWeb: www.infosoftnow.comPhone:732-668-3904Fax:732-647-1234