RFE on Employer client relationship

[ashok1593]

Hi,

 

I have applied for H1 extension, I work through EVC (Employee - Vendor - client) model. During the H1 ext filing I have submitted Vendor letter, Purchase Order, Master Service Agreement.

I have received following query from USCIS " The evidence is insufficient to establish a valid employer - employee relationship will exist for the duration of the  request validity period"

 

USICS has requested to submit " Copies of signed contractual agreements, statements of work, work orders, service agreements, and letters between you and the authorized officials or the ultimate end - client companies where the work will actually be performed by the beneficiary, which provide information such as detailed description of the duties the beneficiary will perform, the qualifications that are required to perform the job duties, salary or wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, salary or wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, and any other related evidence".

 

The current client which I work doesn't proved  letter for contractors,  My employer doesn't directly assign work to me. 

 

Documents I can support with:

 

Weekly status update emails to my employer about the work at the client place.

 

Organization chart at the client place.

 

Work related mail communications with the Client.

 

Id card of the client.

 

I am very nervous that the documents which I have are not strong enough to support the RFE. 

 

Can you please advice. I have approved I 140 and my H1 was expired recently on Sept 30th 2014.

 

Thanks in advance

 

Ashok

[jairichi]

Let employer's attorney handle this or move to a new employer.

[itsmeusa]

Your employer has no choice but to reply to this RFE. 

[rahul412]

 

The current client which I work doesn't proved  letter for contractors,  My employer doesn't directly assign work to me. 

Then find another employer with no layers. H1 approval chances without client letter are very less.

[Vikram Reddy]

Get a denial email from client that they cannot issue letter to contractors, and include that in RFE response. Get the whole thing reviewed by attorney.

 

Don't listen to idiots who with out proper knowledge advise you to find new employer, find a client with no vendor.

[JoeF]

Get a denial email from client that they cannot issue letter to contractors, and include that in RFE response. Get the whole thing reviewed by attorney.

 

Don't listen to idiots who with out proper knowledge advise you to find new employer, find a client with no vendor.

 

On the contrary, the OP should stop listening to id*ots who falsely claim that there is no problem.

This is 2014, not years back when you got your H1. Things have changed.

[jairichi]

Get a denial email from client that they cannot issue letter to contractors, and include that in RFE response. Get the whole thing reviewed by attorney.

 

Don't listen to idiots who with out proper knowledge advise you to find new employer, find a client with no vendor.

It is not just client letter that USCIS is requesting. Look at the list of documents asked and specific query from USCIS. If you look at my response "it is attorney's work" which in case is a valid statement as these things are taken care by an attorney and not employer or beneficiary. FYI, we are not idiots as you presume.

[rahul412]

Get a denial email from client that they cannot issue letter to contractors, and include that in RFE response. Get the whole thing reviewed by attorney.

 

Don't listen to idiots who with out proper knowledge advise you to find new employer, find a client with no vendor.

OP, go and ask your employer whether you can get H1 approval without client letter? There are chances but very less that's why I suggested you to find another employer.

 

Only idiots suggest you to take risk with your H1. IMO, for you H1= your career.

[Vikram Reddy]

A client letter is just an evidence that tells who you are providing your work services for and at which location along with your role. And there are other docs you can substitute to that if you are really working with out breaking the rules of USCIS. Attorneys will tell you that, and they can present your case with other evidence that can will resolve the case.

 

Regarding your take - Yes, RFE is risk, Not sure who with a brain thinks it is easier (and a good suggestion to runaway) to go change employer / client before current RFE expires, straining your relationship with current vendor / client, and then getting back into the same scenario again with a different vendor - client.

[JoeF]

A client letter is just an evidence that tells who you are providing your work services for and at which location along with your role. And there are other docs you can substitute to that if you are really working with out breaking the rules of USCIS. Attorneys will tell you that, and they can present your case with other evidence that can will resolve the case.

 

Regarding your take - Yes, RFE is risk, Not sure who with a brain thinks it is easier (and a good suggestion to runaway) to go change employer / client before current RFE expires, straining your relationship with current vendor / client, and then getting back into the same scenario again with a different vendor - client.

 

Who said anything about "getting back into the same scenario" with a different vendor?

The best thing is to avoid middle vendors completely. THis whole middle vendor thing is what causes problems.

The solution is to either find FTE or EC at most. Anything with middle vendors needs to be avoided, because it leads to the problems the OP faces.

May I suggest that you get out of this consulting mindset with middle vendors? There is more to the world than working in a scenario with middle vendors...

[a13920]

Hi Ashok,

 

You need to be proactive, don't wait for your employer's attorney to respond to this situation. 

 

From reading your description I understand that you already submitted the purchase order, did you submit a letter (on a vendor letterhead) from the Vendor explaining the relationship between your employer, vendor and the client?  If not, that would be one of the documents that you need to get from your vendor ASAP.  Vendor usually co-operate in providing such documents, do not hesitate to contact them.

 

Also as suggested previously by vtr, get an email from end client that they are unable to provide contractor verification letter due to their policies, make sure the end client has their contact information in the signature section.

 

Please remember, that your work/task assignment is always directed/governed by your employer, not anyone else, not your vendor, not your end client.  This should also be very clear in the vendor letter, that your work is assigned by your employer.  The documents are a good addition to the proof.

 

Good Luck

[a13920]

May I suggest that you get out of this consulting mindset with middle vendors? There is more to the world than working in a scenario with middle vendors...

 

 

where did you get that???

hah!!

[JoeF]

where did you get that???

hah!!

 

Huh?

You don't make any sense.

I had answered somebody else to begin with. Please read the posts and *understand* the context. Thank you.

[JoeF]

Please remember, that your work/task assignment is always directed/governed by your employer, not anyone else, not your vendor, not your end client.  This should also be very clear in the vendor letter, that your work is assigned by your employer.  The documents are a good addition to the proof.

 

The documents would only be good if everything in there actually is true.

In an EVC model, the end client has no contact with the employer at all. And no end client would allow some unrelated third party (like the employer) to direct the work the person does at the end client.

THat's why EVC is inherently bad for H1s. There by definition can not be an employer-employee relationship, with the employer directing the employee's work in an EVC model.

That's why the best thing is to avoid any model with middle vendors.

[a13920]

Huh?

You don't make any sense.

I had answered somebody else to begin with. Please read the posts and *understand* the context. Thank you.

 

I know that didn't make sense, I just wanted you to know how you sounded like on my post. You have a long history of being rude to people, blunt comments.  Infact your first comment on this forum was very rude to start out with.

 

You don't need to be blunt to give an honest and true factual opinion, you can be very professional, but no, that's not your style.

[ashok1593]

Hi All,

 

I have Good news to share, my H1 Extension got approved. In my case the Client is not ready to provide the letter so I have submitted the same email proof to USCIS stating that according to Client policy they don't provide the client letter and supporting documents like id card, email communication related to work to prove that I am working at client place.

Finally it got approved.

 

Thank you all for your support, especially Vtr and A13920 your input is valuable.

 

Regards

Ashok

[a13920]

Hi All,

 

I have Good news to share, my H1 Extension got approved.

 

Congratulations!