H1b Rfe

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rrajendr

Registered Users (C)
Hi
A friend of mine has applied for H4 -> H1B with change of status option with California CSC. This is an staffing consulting company. An RFE has been asked to specify the client work site where the employee will work. The company is having tougher time answering it since none of their clients are able to guarantee right now since they can't predict openings at the approval time . Can someone please assist us to answer the RFE/share their experience related to this?
 
rrajendr said:
Hi
A friend of mine has applied for H4 -> H1B with change of status option with California CSC. This is an staffing consulting company. An RFE has been asked to specify the client work site where the employee will work. The company is having tougher time answering it since none of their clients are able to guarantee right now since they can't predict openings at the approval time . Can someone please assist us to answer the RFE/share their experience related to this?
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This is very common RFE for all consulting firms applying for H1B, employer hast to provide 3 yrs (normallY) itenary for the proposed employee, where he/she is going to work, nature of work, if it is several projects, then duration of each project, end client references, and also contract with end clients.

Unless you give this itenary with all the supporting documents (contract copy from end client), h1 may not get approved. (Employeer Fault category)
 
Hi Great guru
THanks for the response. I have the follow up qustions based on that?

1) Can you please explain a little more in detail on what END CLIENT REFERENCES, CONTRACT COPY WITH THE CLIENT means?
2) I am as well on H1B consulting, I never got it when I did transfer in 2002 to a consulting firm. Is this something new?
3)If the company is able to show for 1 FULL YEAR(min) all the details you have mentioned above, What will HAPPEN to the H1B application? I don't know any consulting company in US who can show right now for the full 3 years before the employee comes on board.

Thanks a bunch.
 
rrajendr said:
Hi Great guru
THanks for the response. I have the follow up qustions based on that?

1) Can you please explain a little more in detail on what END CLIENT REFERENCES, CONTRACT COPY WITH THE CLIENT means?

End client means - Where you are going to work physically. If your employer have intermediate tier before the end client, then you need contract from middle tier company.
2) I am as well on H1B consulting, I never got it when I did transfer in 2002 to a consulting firm. Is this something new?
Unless it is a reputable consulting firm, this RFE is prevalent from 2000. One or two cases may slip-in without RFE that is not the examples.

3)If the company is able to show for 1 FULL YEAR(min) all the details you have mentioned above, What will HAPPEN to the H1B application?

They may approve for only one year though his eligible for 3 yrs.

I don't know any consulting company in US who can show right now for the full 3 years before the employee comes on board.

Exactly, the reason INS wants this proof is, Without project/contract employer should not bring consultant and keep it in bench with no salary.


Thanks a bunch.
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rrajendr said:
Hi
A friend of mine has applied for H4 -> H1B ??????? ;) ;) ;)
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A friend ..huh....???? :confused: :confused: Why cant you ask this friend to come on board and post his query him/her self..????

Its fine to provide some documentation regarding inhouse consultancy work...Further any client contracts can be provided.....Should eventually work out ok... Make sure you are going through a competent lawyer ...


I trust you will convey this message to "your friend" ??? :D :D
 
great guru said:
Hi Great guru, can you please answer my question below in blue.
1) Can you please explain a little more in detail on what END CLIENT REFERENCES, CONTRACT COPY WITH THE CLIENT means?

End client means - Where you are going to work physically. If your employer have intermediate tier before the end client, then you need contract from middle tier company.
What INFORMATION is contained in the Contract copy with the client and how is it DIFFERENT from the purchase order.
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Contract and PO are 2 diff vehicles to have agreement betwn 2 firm to supply materials or services. PO or Contract must contain Consultant Description, nature of job, location, duration and rate.
 
Neither PO nor Contracts include information beyond name and SSN... I have been consulting/contracting more than 6 years in this country and worked in numrous positions in/around tri state area ...Handled all POs/Work Orders/Contracts myself...... Never Have I come across situation where contracts need to mention this....

If you happen to have this kind of doc. then good for you....

Otherwise,

I think your company can simply document your work duties/responsiblities and include the rate per hour/duration of the contract... Should be fine...



i would consult/go through a reputed lawyer...Good luck and all the best....

Please Convey my best wishes to your "friend"



great guru said:
Contract and PO are 2 diff vehicles to have agreement betwn 2 firm to supply materials or services. PO or Contract must contain Consultant Description, nature of job, location, duration and rate.
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orangetreats said:
Neither PO nor Contracts include information beyond name and SSN...

If the name and SSN (which is not required) only requirements for PO or Contract there is no contract/PO (You can give a ID card instead of contract) is necessay.

Have you seen any real contract documents?
Most of the body shop firm never show the contract to consultants at all. There is remote chance to see real one.
If you have been in consulting/contracting even in 50 years, still contract must mention the terms - Amount in dollars or Hourly rate and contracting period and location of service or goods delivery. (These are very basic term in a service contract/PO there are very many term/clauses in the contract like non-competent, intellactual property, knowledge transfer etc, you may not understand)

PO with out a $$ amount, un heard of in the commerical world.

I have been consulting/contracting more than 6 years in this country and worked in numrous positions in/around tri state area ...Handled all POs/Work Orders/Contracts myself...... Never Have I come across situation where contracts need to mention this....

If you happen to have this kind of doc. then good for you....

Otherwise,

I think your company can simply document your work duties/responsiblities and include the rate per hour/duration of the contract... Should be fine...



i would consult/go through a reputed lawyer...Good luck and all the best....

Please Convey my best wishes to your "friend"
Click to expand...
 
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Of course the $ figure should appear in the contract ....Do you that i would be that naive to not to expect that...Come buddy get on the stick... Dont expect me to put out every detail ...

Whats more important is that duties and responsilbilites and period of contract are usually nevery mentioned by client ...even if mentioned is usually for a short duration...

Maybe its time for you to do some peeking into how consultancy works ;) ;)


 
orangetreats said:
Of course the $ figure should appear in the contract ....Do you that i would be that naive to not to expect that...Come buddy get on the stick... Dont expect me to put out every detail ...

Whats more important is that duties and responsilbilites and period of contract are usually nevery mentioned by client ...even if mentioned is usually for a short duration...

Maybe its time for you to do some peeking (What is in there other than supplying bodies, putting them in bench cleverly and not paying them) into how consultancy works ;) ;)
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To do consulting / Body shopping ,you do not need any qualification, there is nothing in there, that is the reason body shopping firm mushrooming countlessly and bursted in 2001.(900 firms in CA 1999 come down to merely 200 in 2001). How many bodies went back to their home country when dot.com burst. Do you want me to peek in to that.

INS knows exactly what body shopping is doing, that is the reason they are asking specifically all the details, if you are not able to give these details, INS assuming you do not have genuine job for the h1 candidate.

Read another posting posted by me, consulting companies can not escape here after putting the H1 on the bench and not paying salary.

The verdit has just arrived. Go and read. http://boards.immigrationportal.com/showthread.php?p=1203774#post1203774
 
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