justcuriousaa
Registered Users (C)
Hi,
I got a letter today from attorney "Intent to revoke h1b approval"
I work for a small IT consulting company based in texas and work for clients in california (through 1 or more middle vendor(s) in between)
My H1B extension (beyond 6 years) was applied in Mar 2009 request for 3 years upto Aug 2012. I got a RFE in Apr 2009 to submit itinerary of the work sites, dates, locations and name of vendors, etc,...
That time, I was working for client A through vendor A in City A.
In response we submitted a) agreement between my company and vendor A validity till November 2009, b) statement of work between vendor A and client A validity till April 2009, c) Letter from client manager validatity till November 2009, d) itinerary of work plan till November 2009.
My H1B was extended in April 2009 with a validity till August 2012.
That project was completed in November 2009 and now I work for Client B through vendor B in City B (which is around 30 miles from City A). My company has already applied for LCA transfer to city B.
Now, I got a letter of intent to revoke my H-1 B saying:
It has come to the attention of USCIS that the above petition may have been approved in error. The documents submitted above during RFE response were not sufficient to establish that a valid employer-employee relationship will exist for the duration requested in the validity period (Aug 2009 to Aug 2012). You have requested a petition validity period from Aug 2009 till 2012 but you have only documented the details of beneficiary's work assignment and that employer-employee relationship will exist until November 1 2009.
The record does not establish the right of control for the entire validity period.
It is requested that you demonstrate an employer-employee relationship with the beneficiary through the right to control the manner and means by which the product or services are accomplished for the duration of the requested H-1B validity period.
1) Could someone please help me how to handle this? What all documents should be provided?
2) My current project is valid till March end 2011 and they generally extend every 3 or 6 months.
They would not give a letter or contract valid till Aug 2012. What can I do for the client letter or contract?
3) And I work through a vendor in between. Would that be a problem to prove employer-employee relationship?
4) Also, my LCA for this location was applied after I started working.Would that be a problem?
5) Is there anything I need to show to prove that I worked for Client A till November 2009. The manager I worked for is no more there in the company.
6) I have only 2 weeks time now. I am worried that it is very less time to prepare all these documents, for my attorney to respond to USCIS and the response to reach USCIS on time.
7) What if the response did not reach USCIS on time?
8) Would it mean my H-1 B is revoked and I have to leave US immediately?
9) What other options I have to avoid leaving US? ( like transferring H-1B to another employer, transferring to another type of visa, etc,...)
10) If I change to another employer, do I have to start my GC all over again?
11) I am 140 Approved and waiting for PD to apply for 485. Is it possible for me to continue my existing GC even if I transfer my H-1B to another company
Appreciate any response and help.
I got a letter today from attorney "Intent to revoke h1b approval"
I work for a small IT consulting company based in texas and work for clients in california (through 1 or more middle vendor(s) in between)
My H1B extension (beyond 6 years) was applied in Mar 2009 request for 3 years upto Aug 2012. I got a RFE in Apr 2009 to submit itinerary of the work sites, dates, locations and name of vendors, etc,...
That time, I was working for client A through vendor A in City A.
In response we submitted a) agreement between my company and vendor A validity till November 2009, b) statement of work between vendor A and client A validity till April 2009, c) Letter from client manager validatity till November 2009, d) itinerary of work plan till November 2009.
My H1B was extended in April 2009 with a validity till August 2012.
That project was completed in November 2009 and now I work for Client B through vendor B in City B (which is around 30 miles from City A). My company has already applied for LCA transfer to city B.
Now, I got a letter of intent to revoke my H-1 B saying:
It has come to the attention of USCIS that the above petition may have been approved in error. The documents submitted above during RFE response were not sufficient to establish that a valid employer-employee relationship will exist for the duration requested in the validity period (Aug 2009 to Aug 2012). You have requested a petition validity period from Aug 2009 till 2012 but you have only documented the details of beneficiary's work assignment and that employer-employee relationship will exist until November 1 2009.
The record does not establish the right of control for the entire validity period.
It is requested that you demonstrate an employer-employee relationship with the beneficiary through the right to control the manner and means by which the product or services are accomplished for the duration of the requested H-1B validity period.
1) Could someone please help me how to handle this? What all documents should be provided?
2) My current project is valid till March end 2011 and they generally extend every 3 or 6 months.
They would not give a letter or contract valid till Aug 2012. What can I do for the client letter or contract?
3) And I work through a vendor in between. Would that be a problem to prove employer-employee relationship?
4) Also, my LCA for this location was applied after I started working.Would that be a problem?
5) Is there anything I need to show to prove that I worked for Client A till November 2009. The manager I worked for is no more there in the company.
6) I have only 2 weeks time now. I am worried that it is very less time to prepare all these documents, for my attorney to respond to USCIS and the response to reach USCIS on time.
7) What if the response did not reach USCIS on time?
8) Would it mean my H-1 B is revoked and I have to leave US immediately?
9) What other options I have to avoid leaving US? ( like transferring H-1B to another employer, transferring to another type of visa, etc,...)
10) If I change to another employer, do I have to start my GC all over again?
11) I am 140 Approved and waiting for PD to apply for 485. Is it possible for me to continue my existing GC even if I transfer my H-1B to another company
Appreciate any response and help.