7th year H1 Premium transfer - RFE recieved

wallstreetguy

Registered Users (C)
My lawyer filed for H1B transfer during 7th year in PREMIUM processing. Now he recieved following RFE. Does anybody came across this and got it approved. I am hoping my petitioner(new employer, a consulting firm) produces correct document and my case gets approved. Any advice on what to watch for? Do you think my attorney represented my case poorly?

RFE reads like this.
---------------------
EVIDENCE PERTAINING TO THE EMPLOYER
Contracts:provide contract agreements , statment of work, work
orders between petitioner and clients. These contracts should include all
services planned for the period of time requested on petition
--------------

Thanks
 
You never mentioned how your lawyer handled the case. How can the others comment if your attorney represented your case poorly or not?
 
USCIS has been asking for such details for H1B petitions post 4/1/06 esp if the job is with a consulting company. ( There was a USCIS memo on this )?

wallstreetguy said:
My lawyer filed for H1B transfer during 7th year in PREMIUM processing. Now he recieved following RFE. Does anybody came across this and got it approved. I am hoping my petitioner(new employer, a consulting firm) produces correct document and my case gets approved. Any advice on what to watch for? Do you think my attorney represented my case poorly?
 
Yes UNITEDNATIONS. First docs were sent to Vermont and later California center is handling it. Thanks for your advice.
 
wallstreetguy said:
Yes UNITEDNATIONS. First docs were sent to Vermont and later California center is handling it. Thanks for your advice.

I had this RFE last year thru CA when I have applied in premium.ALL you need
to do is get 1)employment agreement signed by yourself and employer 2)Work order that shows your name ,start date and end date and project desc with client sign and employer sign.you will get it apporved
 
unitednations said:
California has always used this in an RFE. People who are used to dealing with vermont, texas are in for big surprises at the thoughtfulness and scrutiny of h-1b's from california. If vermont also follows this lead, there won't be many of the bodyshoppers getting h-1b's approved.

I know companies who had big plans of filing 50-60 h-1b's.

California is very, very smart. People will try to BS them with contracts from other consulting companies instead of the end client. California will actually go to the web-site and business filings of said client to see if they are also a consulting company. If it is, they will deny it.

Unitednations,

Does california issues RFE for extension as well or just for new/transfer of H1's?
 
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WaitingonLC said:
I had this RFE last year thru CA when I have applied in premium.ALL you need
to do is get 1)employment agreement signed by yourself and employer 2)Work order that shows your name ,start date and end date and project desc with client sign and employer sign.you will get it apporved

WaitingonLC,

My company is IT consulting firm and applied for extension via premium processing for 3 years based on approved I-140. My case has gone to CSC even though we submitted H1 extension at VSC. Can you please let me know have you applied for H1 extension or H1 transfer for which you received a RFE?

Thanks,
 
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Unitednations please help me....

unitednations said:
California has always used this in a RFE. People who are used to dealing with vermont, texas are in for big surprises at the thoughtfulness and scrutiny of h-1b's from california. If vermont also follows this lead, there won't be many of the bodyshoppers getting h-1b's approved.

I know companies who had big plans of filing 50-60 h-1b's.

California is very, very smart. People will try to BS them with contracts from other consulting companies instead of the end client. California will actually go to the web-site and business filings of said client to see if they are also a consulting company. If it is, they will deny it.

Hi Unitednations,

I am looking for your big favor. I have received a RFE for H1 3 year extension based on approved I-140.

In short, They are asking for

1. End client contract with itinerary dates, wage rate, benefits etc.
2. All H1 employees WAC numbers and salary paid.
3. Total number of H1 employees are more then mentioned in H1 petition.
4. Form DE-6, quarterly wage report.
5. Company Profile.


Can you please help me on following questions?

1. My company is IT consulting company. They have a contract with another IT consulting company A. A in turn has a contract with end-client B. IT Company A is giving me a contract/PO but end-client B can not give a direct contract as I am working via company A. End-client B is ready to give a letter mentioning 3 year duration, number of hours, work location, job title/description but can not give detail regarding wage rate or benefits to my company as they are having a contract with company A. Company A is ready to give above everything in contract/PO plus end-client name, location and wages. Is it enough or I have to give anything more?

2. I have received less salary for about 8% then my current H1 petition's LCA salary. My employer is planning to mention I was on leave that's why I was not able to meet LCA salary. Do you see any issue? Can I mention I got less salary because my company paid my spouse’s medical insurance to overcome less salary issue?

3. My company is having 4 H1 approvals which are not on my company's pay roll. My company is planning to withdraw those H1 approvals in order to make total number of H1 employees equal to number of H1's written in H1 petition. Do you see any issue?
 
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Unitednations thank you very much. Your answer counts a lot for me as I am regular reader of your suggestions in every forum.

I have requested a contract/PO/agreement from middleman. Letter from my boss (end client) about duration and duties.

My employer has started cancelling all non-employee H1's.

How about my less salary in previous years? How to over come it? Any suggestions?

Thanks for your help and support...
 
unitednations said:
did they ask for this in the RFE?

If they did then use time spent outside the country as reason and time spent "touring the country". The item in quotes is exact wording given in department of labor regulations.

Unitednations thanks for your help.

Exact RFE text is

"documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full of part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all not-immigrant employees and provide the receipt numbers for their approved petitions (e.g., WAC___)."

1. Do you think we have to give reason for every H-1Bs approved petition's offered/petition wage and actual wage paid. If actual wage paid is less then the offered/petition wage then the reason for the same?
2. From which date we have to show the proof of past employment practices, showing H-1B employees routinely met conditions of employment ?

Any suggestion, documentation which can be helpful to over come such RFE?

They have also asked "Most recent Form DE-6 Quarterly Wage Report" filed at California Employment Development Department(EDD). Is it enough to show "past employment practices"?
 
RFE issues only for consulting companies?

UnitedNations,
Is this a problem for H1 petitions only with consulting companies? I work full-time for a client (no consulting business) and my H1Bs are filed by them. I'm the only H1B employee and I have just filed for a 3 year extension (I-140 approved). Is this going to be a problem for me too? I apologize if this is a dumb question.
 
RFE for S&P500 listed company from CA on 7th yr H1B Transfer(AC-21)

My future Employer is not in consulting business at all & we have received an RFE. Although I have just received the notification & I donot have the actual text with me.
Please refer to msg with
Sub:H1B transfer in 7th Yr (AC-21) INS Query
 
unitednations said:
These are very difficult RFE's. California service center has four different versions of these types of RFE's.

You are getting the most mild of the four. Some of them also ask to show returning plane ticket that company purchased for those employees who have left.

People need to understand that running a company and doing immigration can have very severe consequences if not done correctly. USCIS now has the tools to enforce the rules/laws and is going after many companies.

Not to give everyone a speech but the days of sponsoring your friend for an H-1b to keep them in legal status, using substitute labor, sponsoring relative for labors, getting candidates to pay for h-1b costs, not filing LCA's in the proper locations, % basis compensation is all going to come to a crashing end with many people getting burned.

Unitednations,


Can you please help me for

1. Do you think we have to give reason for every H-1Bs approved petition's offered/petition wage and actual wage paid. If actual wage paid is less then the offered/petition wage then the reason for the same?
2. From which date we have to show the proof of past employment practices, showing H-1B employees routinely met conditions of employment ?
 
unitednations said:
There is only so much you can do on an immigration board. You need to discuss it with your lawyer.

I am in touch with my attorney. However, I have always counted on your suggestion. I am thankful to you for all your help.

Thanks,
 
unitednations,

Is it advisable to file the 7th year extension under normal processing as opposed to premium considering that CSC is sending these kind of RFE's ??
Or is it the same, irrespective ?

-navneetsharma
 
If it affects H1 extension petitions.. could people switching to consulting companies using AC21 with EAD also be affected for any reason?
 
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unitednations,

Thanks for the information.

My company is a consulting firm itself although in my case, I am a marketing person here. I am employed by the company and for the company itself and unlike consultants, dont travel to different projects and locations. My H1 is titled as a "marketing manager" and so is my GC processed as a "marketing manager" itself. My 140 got approved in May and I am planing to apply for my 7th year extension shortly.

I am stationed in one location itself - even then would the LCA of one location hurt ?
 
Does this kind of response makes case week

1. In response to RFE ( my case got RFE and I started this thread) my petitioner produced a contract document with another consulting company
and lawyer is ready to send it. However lawyer is saying it makes my case week unless Petitioner says I would work at petitioner place till I go
on consulting assignment.

2. My petitioner does not want to mention that I would work at
the his office. Any rationale behind this?

I am caught between lawyer and employer with different say on response to
RFE.

What makes my case strong? What makes it weak?
 
wallstreetguy said:
1. In response to RFE ( my case got RFE and I started this thread) my petitioner produced a contract document with another consulting company
and lawyer is ready to send it. However lawyer is saying it makes my case week unless Petitioner says I would work at petitioner place till I go
on consulting assignment.

2. My petitioner does not want to mention that I would work at
the his office. Any rationale behind this?

I am caught between lawyer and employer with different say on response to
RFE.

What makes my case strong? What makes it weak?

I have received the same RFE. Unitednations suggested

1. To give contrct/PO from middle consulting company with all contract terms having my name, SSN, work duration, work location, hourly rate and job duties.

2. To give end-client letter with my name, SSN, work duration, work location and job duties. The only thing my client can not provide is wage rate as they are not paying to my company directly.

Unitednations, do you think it is enough or do I need any thing more to support?

Thanks,
 
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