Hi,
I have applied for my first H1b ( I am on OPT ) this year. I am working in Employer>Vender>Client model.
I got RFE for employer-employer relation ship, I asked for SOW and contract between my Vender and Client but its vender is not willing to provide such agreements.
When I reach to client for employement verification letter, they are not ready to provide such letter instead they provide an email stating that I am working with them as an contractor for XXX company(vender company), my project is already funded for this date with further chance of extension for another 6 months.
I got letter from vender.
Is it sufficient for this kind of RFE? what are the chances of getting Approval? Does USCIS gives another RFE or they will just denies the petition?
Thanks a lot in advance for your time and suggestion.
EER is where employer has to show control over your tasks and activities at the client site. Did your attorney suggest to submit client and vendor contracts to address this, or did you think about it?
Saurabh,
First of all thanks for your time.
Yes my attorney asked to get those contracts, client letters as if possible. If I can’t get those documents he suggest to get email from client manager stating that due to their policy they can’t issue such letters.
He can’t even write that in mail, so he just wrote :
“I am working with them as an contractor for XXX company(vender company), my project is already funded for this date with further chance of extension for another 6 months.”
But that doesn’t address ERR.
Show him this: http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
You guys need to show that your employer will be controlling your tasks, activities etc at the client site even when there is a vendor in b/w and your client knows you as a vendor employee and not your employer’s employee.
Bit confused? What doesn’t address ERR? Mail or contracts?
And client knows me as a vendor employee and not my employer’s employee is a good thing or bad thing?
Both. Talk to your attorney about what needs to be submitted for ERR. They are not asking for client/project letter, they mentioned ERR. Show the attorney the above document and see what their response is.
If your client assumes you are vendor’s employee and USCIS does a background check w/ the client, then the stories won’t match.
Thanks a lot Saurabh for taking time to answer my concerns. Finally I have replied for my RFE, as you said my attorney said yes we are going to send other supportive documents to show a valid EER is exist, he said thsse contracts and letter from client is needed as supportive documents if I can’t get it, it should be fine.
Now my status is updated as review of RFE, waiting for a good news.
Finally I got approval on 4th oct. Might be helpfull to someone who is in same situation.
Case # EAC131365****
Normal Processing
Receipt Date : 04/08/13
Request Of Evidence : 07/15/13
RFE Submitted : 08/17/2013
RFE resoinse Review: 08/23/2013
Converted to premium : 09/11/2013
Initial review: 09/12/2013
Acceptance : 09/13/2013
15 days over on 09/26/2013 - Still no decision
Approval : 10/04/2013 (23rd day after premium processing)