H1-B RFE .. Anyone in same situation? please help

huskers2005

New Member
Hello All,

I applied for H-1B in Master's Quota (No premium processing) for year 2010.I received a Request for evidenence on Apr 29 2009 and I need to respond by Jun 13 2009.

My current status: OPT (17 month extension is continuing..Expires April 2010)

The company which filed my H1-B is a IT consulting firm and I am contracting under them since Jan 2008. I am working for a IT client with a vendor in between my consulting firm and the client since Jan 2008.

The crux of the letter I got from USCIS says the following.

Your company provides IT consulting and staffing services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2 (h) (2) (i) (B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.


The following seems to be self explanatory ..they need my client name,dates worked..etc


Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary's services will be delivered.

Could you please explain what letters they are expecting from this paragraph and the next?
Submit a letter from each work site that identifies the name of the project the beneficiary is assigned to, the name of the Vendor through whom the beneficiary's services are provided, and whether the work site has the ability to assign the Beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached. For each of the beneficiary's work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and related work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.

For each of the beneficiary's work assignments, submit a letter from the business with ultimate control and authority over the beneficiary's work. The letter must address the title and duties of the beneficiary's position, the minimum , education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be Performed under contract for an end client are duties associated with the specialty occupation sought.


(I don't think below part is relevant in my case)
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualifications necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.


You help in this matter is really apperciated..
 
Hi,

I think you can provide a work order or a PO that your consulting firm got from the client. (The place where you currently work). If you do not work at multiple locations, you dont have to give an itinerary etc.
 
hey man....i m exactly in the same situation as you are...our case is like xerox copy...they sent me a rfe on 29th and I have to send a reply by 13th june...i applied thru a consultant...have a current project and am on opt extension rite now...the rfe u mentioned in yr post is also the exact same i got...same wording and everything....i have done a lot of research on this and have found the following things...pls let me know if u have anything else to add to it...

Their main concern is that. they need a proof that we are actually working at a client and not on bench...so ideally the best way to prove that u have a client is by showing them the vendor-client contract...unfortunately in my case and in most other cases..the vendor is always reluctant in giving that contract...so here's how i am going to handle this situation...

1. Submit a letter from the vendor stating your name..yr client names..addrs...yr immediate manager(at the client site)..yr project description...project time line( beware..dont give a definitive end date..say the project will go on for 12 mnths with a definitive extn) and contact details for yr manager. get this letter signed by yr vendor and yr manager
2. business card of the vendor and your manager
3. Signed(by yr manager) Timesheet from your client.
4. letter from yr vendor stating yr qualification..yr role at work...and justify in that letter that the job u r doing rite now needs someone with yr qualification.
5. scan yr access card which has yr pic on it and the clients name/logo
6. a print out of any email you have with yr manager(this also proves that u r actually at a client site coz it will show yr work email on it.
7. at the begining when u joined this project..u must have sighned a "confidentiality" agreement with yr client and vendor...this agreement is basically abt u confirming to yr client and vendor that u will not disclose any of the client related information to any one out side the firm n all that legal jargon...
8. picture of you sitting at yr desk(sound funny but worth a shot)

submitting the above docs wud give u a good chance of an accept coz they all point out to the fact that u r not on bench and that u actually have a client and project...

my bedor refused to give me the contract between him and the client so i am goin to submit the above docs which in some or the other way prove that i have a client...

pls let me know if u have found something else...hope this info helps...gd lk and wish me lk too!
 
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