H1B RFE for non-consultant help

S

sweetsoy

New Member
Hello all...

My current H1B expires early next year. This is my second extension. I also have an EAD, and I-140 approved with PD July 2005. But I need to stay on the H1B, as I got married last year and my wife is on H4.

Doing premium processing. Got an RFE over the weekend. The RFE is stating that my company is a consulting firm... to quote "engaged in the business of consulting that contracts short-term employment for workers who are traditionally self-employed".

It's asking my company to provide copies of contracts between us and end-clients, duration of contract, etc.

I am not a consultant nor do I work for a consulting company. I am a full-time employee at a design agency developing web sites/applications for our clients.

I'm not really sure how to prove that I'm not working as a consultant.

Any suggestions?
 
sweetsoy said:
Hello all...

My current H1B expires early next year. This is my second extension. I also have an EAD, and I-140 approved with PD July 2005. But I need to stay on the H1B, as I got married last year and my wife is on H4.

Doing premium processing. Got an RFE over the weekend. The RFE is stating that my company is a consulting firm... to quote "engaged in the business of consulting that contracts short-term employment for workers who are traditionally self-employed".

It's asking my company to provide copies of contracts between us and end-clients, duration of contract, etc.
--------------------you wrote above that USCIS wrote on RFE that your company is" engaged in the business of consulting that contracts short-term employment for workers who are traditionally self-employed". If your company is NOT consulting company then reply to USCIS about the company. your Company lawyer should explain on letter so that USCIS understand that your company is not consulting firm. They Think all Companies are consulting firms and sending same RFE to all.

I am not a consultant nor do I work for a consulting company. I am a full-time employee at a design agency developing web sites/applications for our clients.


I'm not really sure how to prove that I'm not working as a consultant.

Any suggestions?
Click to expand...

-------------------your lawyer can guide you. go to good lawyer.
 
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