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7th year H1 Premium transfer - RFE recieved
- Thread starter wallstreetguy
- Start date
wallstreetguy
Registered Users (C)
RFE responded - Status update no approval yet
My lawyer sent response to RFE. The online case status shows as
-------
On June 16, 2006, we received your response to our request for evidence or information. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case. You can use our processing dates to estimate when this case will be done.
------------
Anybody recieved such response? What does it mean?
My lawyer sent response to RFE. The online case status shows as
-------
On June 16, 2006, we received your response to our request for evidence or information. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case. You can use our processing dates to estimate when this case will be done.
------------
Anybody recieved such response? What does it mean?
wallstreetguy
Registered Users (C)
Finally Petition Denied
Guys
Unfortunately my petition got denied. I am safe as I didnot join the company just based on RECIEPT notice. The reason goes like this
---------
The US CIS is taking a position that the petitioner has failed
to submit any contracts with the clients where the beneficiary would
ultimately work.
---------
Guys
Unfortunately my petition got denied. I am safe as I didnot join the company just based on RECIEPT notice. The reason goes like this
---------
The US CIS is taking a position that the petitioner has failed
to submit any contracts with the clients where the beneficiary would
ultimately work.
---------
bostonian_27
Registered Users (C)
Unitednations, please share your thoughts. Does it have any chance of approval if reapplied in regular processing (by withdrawing in the RFE stage or after the denial)...hoping it would be processed in a different center. Thanks.
Similar RFE for H-1 transfer
Hi,
I got a similar RFE for H-1B visa transfer.
Exact RFE text is:
1. Contracts: Provide copies of contractual agreements, statements of work, service agreements, and etc. between the petitioner and XXX XXXXXXX (my name) for the previously approved I-129. These contracts should include all services planned for the period of time requested on the petition.
2. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary’s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner’s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner’s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner’s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary’s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner’s claim of qualifying employment.
Depending on the petitioner’s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary’s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner’s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner’s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 ½ x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
3. Beneficiary’s W-2: Submit copies of the beneficiary’s most recently issued payroll summary, W-2, evidencing wages paid to the beneficiary.
4. Labor Condition Application: Submit a Labor Condition Application (LCA), Form ETA 9035 from the United States Department Of Labor (DOL) for the previously approved I-129.
The biggest question is how can my new employer provide any of the documentation mention in Section 2 on behalf of my old employer.
The attorney for the new employer says that probably, USCIS has mistaken them to be also a software consulting company as my old employer, which it is not.
However, when my new employer contacted my old employer, they did provide the employment agreement contract signed by me and the old employer as well as the employment benefit letter, any thing other than that my old employer says it cross the privacy line and to mention that in the reply. My old employer did mention that they have seen such RFE's in the past, but they were directly addressed to them.
My new employer is submitting the following documentation:
1. Employment contract between the old employer and myself.
2. Employment Benefits letter from my old employer.
2. Labor Condition Applications
3. My 2006 W-2
4. Letter stating that, the new employer is not a software consulting company; hence it can provide limited evidence (i.e. my employment contract with old company and employment benefits letter) on behalf of old employer as requested in Section 2.
5. Also, in the letter, it justifies, that i was qualified for 'specialty occupation' with my old employer and also qualify for the same under my new job responsibilities with the new employer.
6. The reply also mentions that i was a lawful beneficiary of the H-1B visa program and that my old employer as well has made sure to complete all the necessary requirements of H-1B visa program.
Will the above evidence be enough to justify this query because it is very limited in terms of what my new employer can on behalf of my old employer.
Any suggestions / input will help!!
Thanks.
Hi,
I got a similar RFE for H-1B visa transfer.
Exact RFE text is:
1. Contracts: Provide copies of contractual agreements, statements of work, service agreements, and etc. between the petitioner and XXX XXXXXXX (my name) for the previously approved I-129. These contracts should include all services planned for the period of time requested on the petition.
2. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary’s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner’s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner’s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner’s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary’s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner’s claim of qualifying employment.
Depending on the petitioner’s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary’s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner’s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner’s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 ½ x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
3. Beneficiary’s W-2: Submit copies of the beneficiary’s most recently issued payroll summary, W-2, evidencing wages paid to the beneficiary.
4. Labor Condition Application: Submit a Labor Condition Application (LCA), Form ETA 9035 from the United States Department Of Labor (DOL) for the previously approved I-129.
The biggest question is how can my new employer provide any of the documentation mention in Section 2 on behalf of my old employer.
The attorney for the new employer says that probably, USCIS has mistaken them to be also a software consulting company as my old employer, which it is not.
However, when my new employer contacted my old employer, they did provide the employment agreement contract signed by me and the old employer as well as the employment benefit letter, any thing other than that my old employer says it cross the privacy line and to mention that in the reply. My old employer did mention that they have seen such RFE's in the past, but they were directly addressed to them.
My new employer is submitting the following documentation:
1. Employment contract between the old employer and myself.
2. Employment Benefits letter from my old employer.
2. Labor Condition Applications
3. My 2006 W-2
4. Letter stating that, the new employer is not a software consulting company; hence it can provide limited evidence (i.e. my employment contract with old company and employment benefits letter) on behalf of old employer as requested in Section 2.
5. Also, in the letter, it justifies, that i was qualified for 'specialty occupation' with my old employer and also qualify for the same under my new job responsibilities with the new employer.
6. The reply also mentions that i was a lawful beneficiary of the H-1B visa program and that my old employer as well has made sure to complete all the necessary requirements of H-1B visa program.
Will the above evidence be enough to justify this query because it is very limited in terms of what my new employer can on behalf of my old employer.
Any suggestions / input will help!!
Thanks.