Big RFE Received.

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NewCompany

Registered Users (C)
We filed our first H1B Premium Processing visa based on a direct client contract. The client is based in California.
They have asked the following documents -
1. Quarterly Wage Report - This is our first employee. So we do not have any Wage Report yet. Can we submit Bank Account information saying that we have enough funds to pay for this employee.
2. All H1 visas information filed prior to this application - This is our first H1 visa.
3. Photos of our office premises - Our company is doing administrative stuff off our basement. So what just provide the photos of our home office?
4. Company and Employee Contract - We had already provided that but they are still asking for it.
5. Company and Client Contract - We had already provided that but they are still asking for it.
6. Income Taxes for last 2 years - We can provide that but those two years were complete loss for us.
7. Company Brochure, product information etc.. - Can we submit our business plan.
8. Itinery of the employees assignments - This contract is for 4 months with extensions. The client is ready to provide us this document.

There are some other wierd information asked in the RFE. I have consulted my attorney and will be talking to him on how to respond to these kind of RFE.

Based on this RFE, does that mean INS does not encourage small businesses to grow even though they have good contract?

Has anyone faced similar situation? Could you please provide us with your experience.
 
Biiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiig RFE

NewCompany said:
We filed our first H1B Premium Processing visa based on a direct client contract. The client is based in California.
They have asked the following documents -
1. Quarterly Wage Report - This is our first employee. So we do not have any Wage Report yet. Can we submit Bank Account information saying that we have enough funds to pay for this employee.
2. All H1 visas information filed prior to this application - This is our first H1 visa.
3. Photos of our office premises - Our company is doing administrative stuff off our basement. So what just provide the photos of our home office?
4. Company and Employee Contract - We had already provided that but they are still asking for it.
5. Company and Client Contract - We had already provided that but they are still asking for it.
6. Income Taxes for last 2 years - We can provide that but those two years were complete loss for us.
7. Company Brochure, product information etc.. - Can we submit our business plan.
8. Itinery of the employees assignments - This contract is for 4 months with extensions. The client is ready to provide us this document.

There are some other wierd information asked in the RFE. I have consulted my attorney and will be talking to him on how to respond to these kind of RFE.

Based on this RFE, does that mean INS does not encourage small businesses to grow even though they have good contract?

For new (h1b) company this kind of RFE is quiet common. If your attorney draft a good business plan with neat projection, it will be OK.
Regarding your client contract, it must be for atleast 3 years to get new H1 becaus of body shopping nature.

This is a standard RFE, repitation will be there, patienly resubmit all the documents once again.
Has anyone faced similar situation? Could you please provide us with your experience.
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Thanks for your response great guru. Here are my thoughts, let me know what you think
We are planning run our administrative work from our home office, we are planning to submit those photos. We are going to explain the nature of our business and why home office is best option right now. We will be getting photos of our home office. Our lawyer has not been a good help as he wants us to sub-lease office from our friend and show those lease agreements. He also wants us to have the lease agreement dated two weeks prior to the H1 filing. We are not ready to do this because as per us that would be a fraud. We want to do it the legal way and the truth ful way. It might cost us this H1 visa but we are ready to take the risk.
We are going to submit our business plan stating why there was no business in last couple of years and how it is going to change in next couple of years.
The Client is ready to provide a letter stating that this contract will be extended beyond the initial 4 month. The client manager has authority to sign only for 4 months. If it is going to be longer than 4 months then the client would have to go to the top management to get approvals. We are going to provide a letter saying that the nature of our business is outsourcing project and in any business there is no way we can provide a definite contract assignment. But in case, there is no project for this employee we would be paying for his return trip as per INS regulations.
Finally, we plan to contact the congreeperson in the state where this employee will be working and also the state where we are registered. We will explain to them we are growing and to fulfill our business goals and business plan we need to get this person on board ASAP.

I know the above might cost us the H1 visa and eventually this client but we are trying to be as honest as possible. Do you think there is any flaw in the above?

Thanks
 
Be wise

NewCompany said:
Thanks for your response great guru. Here are my thoughts, let me know what you think
We are planning run our administrative work from our home office, we are planning to submit those photos. (It may not work. Lease a common office for $100 0r $150, put name board at entrace take photo. Lease agreement later date is OK. NOw you changed your home office to regular office.)We are going to explain the nature of our business and why home office is best option right now.(INS do not like this explanation) We will be getting photos of our home office. ( No, No) Our lawyer has not been a good help as he wants us to sub-lease office from our friend and show those lease agreements. (Good idea) He also wants us to have the lease agreement dated two weeks prior (not necessary) to the H1 filing. We are not ready to do this because as per us that would be a fraud. We want to do it the legal way and the truth ful way. It might cost us this H1 visa but we are ready to take the risk.
We are going to submit our business plan stating why there was no business in last couple of years and how it is going to change in next couple of years.
The Client is ready to provide a letter stating that this contract will be extended beyond the initial 4 month. The client manager has authority to sign only for 4 months.(Try to get 3 Yrs) If it is going to be longer than 4 months then the client would have to go to the top management to get approvals. We are going to provide a letter saying that the nature of our business is outsourcing project and in any business there is no way we can provide a definite contract assignment. But in case, there is no project for this employee we would be paying for his return trip as per INS regulations.(this explanation you are not going to get your H1, ) Finally, we plan to contact the congreeperson in the state where this employee will be working and also the state where we are registered. We will explain to them we are growing (without a sign agreement, INS is not going to give you H1 days are gone) and to fulfill our business goals and business plan we need to get this person on board ASAP.

I know the above might cost us the H1 visa and eventually this client but we are trying to be as honest as possible. Do you think there is any flaw in the above? This all from my personal exp. WHich state are you running your business and your service center.Thanks
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Thanks Great Guru. We did visit some local business centers for renting an office but on the lease agreement it says Service agreement. Is that ok?
 
No Problem

NewCompany said:
Thanks Great Guru. We did visit some local business centers for renting an office but on the lease agreement it says Service agreement. Is that ok? Make sure address & area in Sq feet are mentioned.
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Thanks Great Guru

Our H1 visa was approved yesterday. Thanks for your advice. We believe your office advice was a turning point. Now we are looking to the next set of problems at the consulate :)
 
NewCompany said:
Our H1 visa was approved yesterday. Thanks for your advice. We believe your office advice was a turning point. Now we are looking to the next set of problems at the consulate :) because i have done same thing in year 2000 for my first h1. so this RFE is not new then.[/QUOTE]
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NewCompany said:
Our H1 visa was approved yesterday. Thanks for your advice. We believe your office advice was a turning point. Now we are looking to the next set of problems at the consulate :) Which consulate bombay or ????
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Got H1 stamped

great guru said:
If it is Bombay, he will get his H1 stamped.
This also through my past experience. - You were correct. His H1B was stamped and he is on his way to USA.
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