Big H1 Extension RFE

dsugandhi

Registered Users (C)
#1
In short, My RFE is asking for
RFE In short:
1.Petitioner’s employee-employer relationship with the beneficiary which may include
- Contracts or letter from end-client.
- An itinerary with name, address and duration of work.
- Copies of petitioner’s present and past job vacancy announcements.
- Documentary example of petitioner’s products or service.
- H1-B employees routinely met conditions of employment, including work
hours and have always been fully paid.
- List of all non-immigrant employees with receipt number.
2. Form DE-6, quarterly Wage Report
3. Company Profile
4. Current number of employees

Exact RFE text is:

1. 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.

2. Form DE-6, Quarterly Wage Report: Submit copies of the petitioner’s most recently filed California Employment Development Department (EDD) form DE-6, Quarterly Wage Reports for all employees that were accepted by the State of California. The form should include the names, SS N, and number of weeks worked for all employees.

3. Company Profile: Provide a more detailed description about the petitioner’s business organization. Include evidence such as copies of company brochures, pamphlets, internet websites, or any other printed work published by the petitioner which outlines, in detail, the products or services provided by its company.

4. Current number of employees: USCIS records indicate that the petitioner has filled a significantly higher number of H-1B petitions when compared to the number of employees claimed on the petition. Those same records also indicate that majority of those petitions, filed within the last three years, have been approved.

Provide current employment status and locations for all previously approved H-1B, L-1A, and/or L-1B employees. If any of those previously approved nonimmigrant beneficiaries are no longer working for the petitioner, it is required that the petitioner provide letters requesting withdrawal of those beneficiaries’ petitions. Be sure to include the petition receipt number (i.e. WAC XX XXX XXXX), the beneficiary’s name, date of birth, immigration status and the date the beneficiary’s employment was terminated with the petitioner.

Possible Reply for above RFE:

My comapny A is an IT consulting firm having about 10 employees. My company is having a contract with another IT consulting firm B. Company B is having a contract with client company C.

1. To cover 1.a., 1.b., and 1.c RFE we are submitting contract between company A and B mentioning my name, DOB, address, nationality, passport#, SSN, academic qualification, work experience, duration, client name, scope of service, wage per hour. We are also submitting client manager letter on client latter head mentioning my name, SSN, duration, job position, job description, and job duties. Please suggest.

2. To cover RFE 1.d. we are submitting few job advertisment cuttings which we did it in past. job advertisments at company's notice board at company premises. Company website job advertisment. Please suggest.

3. To cover RFE 1.e. we are submitting website text and we might prepare some business plan, presentation etc. Please suggest.

4. To cover RFE 1.f. we are submitting a report having all H1 employee name, H1 Petition#, start date, end date, hours per week, wages paid.

5. To cover RFE 2. we are submitting DE-6 of the current quarter for all states where our companies consultants are working.

6. To cover RFE 3. we are submitting website material, services performed by our employees for different clients with time duration.

7. To cover RFE 4. my company is writing a letter to USCIS to withdraw H1 petitions which were approved in past but are not working any more for our company. We are also asking to withdraw H1 petitions for people who received their Green card and working in the company.

Please give your suggestion to improve RFE response. Also post your experience if you, your friend, or any one you are aware of getting such RFEs.

Thanks,
 
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WaitingonLC

Registered Users (C)
#2
dsugandhi said:
My H1 extension got following RFE from CSC.

1. 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.

2. Form DE-6, Quarterly Wage Report: Submit copies of the petitioner’s most recently filed California Employment Development Department (EDD) form DE-6, Quarterly Wage Reports for all employees that were accepted by the State of California. The form should include the names, SS N, and number of weeks worked for all employees.

3. Company Profile: Provide a more detailed description about the petitioner’s business organization. Include evidence such as copies of company brochures, pamphlets, internet websites, or any other printed work published by the petitioner which outlines, in detail, the products or services provided by its company.

4. Current number of employees: USCIS records indicate that the petitioner has filled a significantly higher number of H-1B petitions when compared to the number of employees claimed on the petition. Those same records also indicate that majority of those petitions, filed within the last three years, have been approved.

Provide current employment status and locations for all previously approved H-1B, L-1A, and/or L-1B employees. If any of those previously approved nonimmigrant beneficiaries are no longer working for the petitioner, it is required that the petitioner provide letters requesting withdrawal of those beneficiaries’ petitions. Be sure to include the petition receipt number (i.e. WAC XX XXX XXXX), the beneficiary’s name, date of birth, immigration status and the date the beneficiary’s employment was terminated with the petitioner.

Possible Reply for above RFE:

My comapny A is an IT consulting firm having about 10 employees. My company is having a contract with another IT consulting firm B. Company B is having a contract with client company C.

1. To cover 1.a., 1.b., and 1.c RFE we are submitting contract between company A and B mentioning my name, DOB, address, nationality, passport#, SSN, academic qualification, work experience, duration, client name, scope of service, wage per hour. We are also submitting client manager letter on client latter head mentioning my name, SSN, duration, job position, job description, and job duties. Please suggest.

Emploment agreement will be sufficient
2. To cover RFE 1.d. we are submitting few job advertisment cuttings which we did it in past. job advertisments at company's notice board at company premises. Company website job advertisment. Please suggest.

3. To cover RFE 1.e. we are submitting website text and we might prepare some business plan, presentation etc. Please suggest.

4. To cover RFE 1.f. we are submitting a report having all H1 employee name, H1 Petition#, start date, end date, hours per week, wages paid.

From 2-4 only one item needs to addresses.Contractual agreement will do the job

5. To cover RFE 2. we are submitting DE-6 of the current quarter for all states where our companies consultants are working.

6. To cover RFE 3. we are submitting website material, services performed by our employees for different clients with time duration.

7. To cover RFE 4. my company is writing a letter to USCIS to withdraw H1 petitions which were approved in past but are not working any more for our company. We are also asking to withdraw H1 petitions for people who received their Green card and working in the company.

Please give your suggestion to improve RFE response. Also post your experience if you, your friend, or any one you are aware of getting such RFEs.

Thanks,
 

GCwhenandwhy

Registered Users (C)
#5
Hi

My company has applied for my 8th year extension with CSC. While browsing thro CSC h1 issues group, i came across your post regarding a big RFE... your reply and finally approval...

though i have been working with the same company for about 3 years (without being on bench), I am worried about CSC sending RFE to most of consulting companies...

if possible can you please share with me as to what triggered CSC to issue RFE. Did submit recent pay stubs etc.

Please reply
 

dsugandhi

Registered Users (C)
#6
GCwhenandwhy said:
Hi

My company has applied for my 8th year extension with CSC. While browsing thro CSC h1 issues group, i came across your post regarding a big RFE... your reply and finally approval...

though i have been working with the same company for about 3 years (without being on bench), I am worried about CSC sending RFE to most of consulting companies...

if possible can you please share with me as to what triggered CSC to issue RFE. Did submit recent pay stubs etc.

Please reply
I think because my company did not submit following docs at the time of filing thats why I got an rfe:
1. Contract from middle company
2. End client letter describing my job title, duties, duration work location etc.
3. Continued employment offer letter.
 

GCwhenandwhy

Registered Users (C)
#7
I think there is no need to submit end client letter, and other documents (contract from middle company etc) for H1 extension. All you need is paystubs, current I-94.

please clarify
 
#8
Similar RFE

My H1B(six years) expired on sept 14,2006. I was working for company "X" up july 31st, but I applied for a H1B extension through company "Y" based on the labor certification applied by the company "X" in dec 2004. H1B was applied before the H1B expiration date (Sept 14, 2006).
Now I have same(similar) RFE, except 1.e,1.f,1.g. Rest of the RFE is same and with an addtional requirement of evidence of labor application is pending for more than 365 days, and previous employer is continuing my greencard..

I have following questions:

1. I already submitted the screenshot for the labor application from DOL, which was received in March 2006, but applied for H1B extension in July 2006.
question is...
Why, USCIS is asking the same information again? is there any additional information required.?.or they want a latest screen shot of the labor condition application from DOL? (in RFE there was a suggestion to get the DOL screenshot by sending an email to one of the backlog centers)...Is it a routine RFE provided for all 7th year extensions?

2. There are 5 layers between my comapny and end client....Final vendor is one of the BIG 5 consulting companies, implementing a project with End client. End client doesn't have any control over the contractors hired by the consulting company. It is BIG 5, consulting company which Interviewed me and hired me.
Now my attorney is suggesting to get the agreements between the all the companies involved upt to the end client and a letter from the end client.
But end client may not provide any letter, becuase they have not hired me, where as there is a possibility of getting a letter from BIG 5 consulting firm.

Question is,
a. do I need to submit all the agreements between the companies involved up to end client (which I don't see a possibility of getting them) or If only the agreement between my company and the next layer company is sufficient?
b. Do I need a letter from the end client or the company(BIG 5) who actually hired me to implement the project with end client is sufficient?

3. Can I apply for another H1B with another company(say company "Z"), if they are ready to sponser me, based on the H1B receipt I received for the H1B extension?...if not do I need to wait for the final decision on my current petition?.. what if USCIS is not satisfied with the evidence provided as I am actually working, and they deny the application.. then can I apply for another H1B(premium processing) without leaving the country?..

I would appreciate your inputs/suggestions/solutions..

thanks in advance..
 
#9
Big RFE for me too

My LC is pending at PBEC (PD Oct 2003) and got this big RFE for 7th year extension. I will appreciate if anybody can give any input/suggestion for possible reply for this RFE.

Staffing/Agencies: The evidence indicates that the petitioner is engaged in the business of employement staffing/job placement and is seeking the beneficiary's services as a 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:

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.

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.

Petitioner is an agent acting as a representative of muliple 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.

Agents as Employers: Provide copies of any contract between the petitioner and the beneficiary to establish that the petitioner guarantees the wages and other terms and conditions of employment. Additionally, provide an itinerary of definite employment and information on any other services planned for the period of time requested.

Agents as Representatives for Multiple Employers: The record indicates that the petitioner is acting as the representative for multiple employers, Clearly explain the terms and conditions of the employment. Submit copies of contract between petitioner and the beneficiary. Also provide a complete itinerary of services or engagements that specifies the dates of each service of engagement, the names and addresses of the actual employers, and the names and addresses of the actual establishment, venues, or location where the service will be performed for the period of time requested – in this case until [DATE REQUESTED ON I-129]. Finally, provide copies of the contracts between the employers and the beneficiary.
 
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shodhanshah

Registered Users (C)
#10
Share your experince with BIF RFE

Gi Guys

Have you got any update on your cases?
Please post your experience on 'BIG RFE' and share with others.
Thanks
 

however!

Registered Users (C)
#11
I got the Same RFE.. can any body else with this RFE share their success stories like how to build the case etc?

I am very nervous on going into this.
 
#12
Big Rfe

Hi,

I applied for H1 Transfer in April 2006 and got this big RFE on July 7 2006 from Calif Service Center.I was so surprised and it made me tensed..In Aug 2006 i took all the paystubs i had from April to August and filed with another employer.I got my visa approved in Nov 2006 for 3 yrs..Not to worry as long as you have paystubs and you are working...It was slow processing only..

SG1234
 

shodhanshah

Registered Users (C)
#13
My RFE got cleared. This was really hard time until I got it cleared.
It is good to have good lawyer to reply this query .
I think if you have project , submit all evidence of that along with pay stubs /w2 without being unnecessary tensed.
Guys, pls. post success story if your case is resolved ,to ease tension of this very big RFE.
 

Desiguy786

Registered Users (C)
#14
I got same RFE ( 16 points ), I have a question..

My current 8th year H1 is valid until end of May 2007 from employer A, we applied for 9th year ext and got a big RFE. As a backup, can I transfer my H1 to employer B and get 1 year extension (until May 2008) based on my approved labor from employer A ??

Any inputs/suggestions are greatly appreciated.
 
#15
Similar RFE for H-1B Transfer

Hi,

I got a similar RFE for H-1B visa transfer off which only Section 1 is the same.

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 necassary requiremnts 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.
 

CATOPA

Registered Users (C)
#16
Same RFE

Guys please advice, my 7th year ext. expires on 05/23/2007. I just switched to a new client and don't have a lot of documentation from the previous client.

God help us.....:eek:
 
#17
Status Updated

Hi,
My lawyer turned in the paperwork on 04/18/2007 and my RFE status has been updated as off 04/20/2007. This is what it reads:
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Response to request for evidence received, and case processing has resumed.
On April 20, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Anyone with similar response.
Any inputs or suggestion!!

Thanks.
 

CATOPA

Registered Users (C)
#19
Approved

I've just received an email from USCIS for approval of H1B on May 15, 2007.

Lawyer submitted the documents on 05/05/2007.

Thanks
 

RikabJ

Registered Users (C)
#20
I recd an RFE similar to yours. We have all the docs except to the question "Significantly higher number of petitions". How many years of H data did your employer provide? The atty is suggesting 7 years... which my employer says would take too long to document, etc. Did your employer have a high # of H... like 200-300 applications?

Also, my employer has never withdrawn H petitions for ex-employees. How did you handle this issue?

Thanks in advance
 
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