We applied for well for 125 H1Bs in 2019, with more than half of them being CAP cases. Here are some of the takeaways from our experience, and the reason why you should start planning now if you wish to apply for 2020 H1B CAP.
As you may already be aware, the USCIS has increased the amount of scrutiny significantly this year. And like we have said in a number of our previous posts, the USCIS did not have to come up with new rules, they just are enforcing the existing rules a lot more stringently. In the process, the number of RFEs and eventual denials have increased significantly.
We had ZERO denials so far; but that has to do with the advanced planning and significant effort that we put into each H1B application. Based on all the RFEs received, here are some of the major areas that the USCIS is focusing on. You will have to plan well in advance and align yourself with the right employer to avoid these issues. This is a fairly detailed post, please get some coffee before you proceed further :)
1. Employee-Employer Relationship
Your employer will have to establish that there is a bona fide employer-employee relationship with you. Running your payroll in itself is not sufficient. They are looking for additional evidence, as you can see from the screen shots of a recent RFE below, which are typical of most RFEs.