Need help on 2nd RFE

C

cleanGC

Registered Users (C)
Received a stinker second RFE today. The details are below

1. Further clarification on my company's tax reports which I submitted in my first RFE ( this my company lawyer will take care of )

2. Submit an employment contract between employer and the beneficiary. The contract must include the amount of remuneration to be paid the beneficiary. ( I need help on this one......does this mean an EVL or anything else)

3. Further clarification on the contract (I submitted the contract in my previous RFE) between my employer and the client I am working for ( I need to collect these douments too)

Can anyone throw some light on the second pointer please.
 
The way in which it looks like they are asking for a salary certificate. Ask your company to provide a letter stating that your salary is so and so. Also ask them to include if there are any other remunerations like bonus..TA etc..
 
cleanGC,
There have been some instances where USCIS is increasingly showing disappoval of the terms 'At Will' in the employment contract. Though this is for I-140, make sure this term does not appear in your employment letter or contract.

Here is the abstract that you can look for http://www.immigration-law.com/

I have copied it for your convenence.

-novis

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08/22/2004: I-140 Permanent Employment Definition and Importance of Employment Contract Terms

The USCIS is growingly taking a hardline position on a number of issues. One of these includes the terms of employment for the I-140 proffered employment. In the past, the employers were not challenged by the INS when the employer stated in the letter that the terms of proffered employment is "at will" and the employment can be terminated with or without good cause by either the employer or employee. Indeed, it is reality that the substantial number of employment contracts include "at will" terms.

Lately, however, the USCIS has been challenging I-140 petition which included a term of employment at will. This is particularly true with the Outstanding Researcher position which usually establishes "permanent"nature of position by the annually renewable term of employment contract. If the employer states that the term of employment is at will, the employer will face a risk of denial of I-140 with the USCIS argument that it is not a permanent employment.

This issue usually involves a conflict between the employer's corporate lawyer who needs protection of his/her client (employer) from potential lawsuit by the employee when the employee is terminated "without good cause" and the immigration lawyer who represents the employer in the immigration proceeding and must established a supposed "threshold" of "permanent" employment. This issue should be resolved carefully within the employer legal team to satisfy the employer's legal protection under the employment law as well as the immigration law. One thing which is obvious is that unlike the H-1B petition, in the I-140 petition, neither the employer nor the lawyer should specifically state that the employment is at will and the employment can be terminated withou good cause by either party!

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