COS H1B in RFE

[pavan_2877]

Hi All, 

 

I work for Major MNC and they transferred me to US on L1. I'm working here on US payroll and US manager.

 

I got transferred after coming here and worked for a client. Now after 2 years my company's attorney started COS to H1, since I had a H1 earlier and i didn't use it.

 

I got RFE on Dec 17,2015. My company's attorney didnt share the RFE they received but this is what they mentioned in their email, "USCIS needs additional information regarding the work available within your position and Oracle’s right to control your employment. "

 

They responded to RFE only on March 3, not sure why they took so long. It is normal processing.

 

My Questions:

 

1) What does RFE "USCIS needs additional information regarding the work available within your position and Oracle’s right to control your employment. "  means ?

2) How serious is this issue ?

3) Have any got to successfully resolved this ?

4) How much time it would take to get response from USCIS?

 

My attroney's dont respond immediately and that frustrate. please help.

 

Thank You very much.

[rahul412]

Are you working at client location or your employer's location??

[JoeF]

Is Oracle your employer?

For an H1, the employer has to control your work, even if you work at a client site.

That's known as employer-employee relationship. Lots of information on the Internet about that.

[pavan_2877]

I work at Client location and yes oracle is my employer.

[JoeF]

Their lawyer should know how to answer questions about employer-employee relationship. This has been around for a couple of years.

[rahul412]

I work at Client location and yes oracle is my employer.

Then you need EE relationship letter.