Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Sign in to follow this  
Mr.

RFE for Employer-Employee Relationship

Recommended Posts

Hello everyone,

To respond for an RFE for Employer-Employee relationship and Right to control (EVC model), is the SoW/PO between the Client and Vendor needed? If the vendor couldn't give their contract agreement with the Client, would the case lead to denial? Since that document is confidential between the Client and Vendor, they are not willing to give and was wondering what would be the option in this case to respond to RFE. Your suggestions and expertise on this matter is highly appreciated.

Thanks!

Share this post


Link to post

The employer and his lawyer (they have one, do they?)  have to handle the RFE. You have to stay out of it.

Share this post


Link to post
On 9/29/2018 at 9:01 PM, JoeF said:

The employer and his lawyer (they have one, do they?)  have to handle the RFE. You have to stay out of it.

Yes, they do have a lawyer but asking me to push the Vendor to get the SoW. The situation is I-797 expired and a new petition has been filed before the expiry for the current Client. Now that I am only missing the SoW but has all the other required documents (Client and Vendor letters and agreement between Vendor and Employer) to be provided for Right to control RFE, am I eligible to switch to another Client/Vendor at this time because I do have another offer with another Client/Vendor and are ready to provide all the required documentation. Would that jeopardize my petition in anyway if I amend the Client/Vendor now while the petition is pending with an RFE?

Share this post


Link to post
3 hours ago, Mr. said:

Yes, they do have a lawyer but asking me to push the Vendor to get the SoW. The situation is I-797 expired and a new petition has been filed before the expiry for the current Client. Now that I am only missing the SoW but has all the other required documents (Client and Vendor letters and agreement between Vendor and Employer) to be provided for Right to control RFE, am I eligible to switch to another Client/Vendor at this time because I do have another offer with another Client/Vendor and are ready to provide all the required documentation. Would that jeopardize my petition in anyway if I amend the Client/Vendor now while the petition is pending with an RFE?

The employer has the contract with the vendor, not you. The employer needs to get whatever documents are needed from the vendor. You need to stay out of this.

And you can't change to a different client or vendor without a new H1 petition, which you can't get with the old one expired.

Edited by JoeF

Share this post


Link to post
On 10/1/2018 at 8:00 PM, JoeF said:

The employer has the contract with the vendor, not you. The employer needs to get whatever documents are needed from the vendor. You need to stay out of this.

And you can't change to a different client or vendor without a new H1 petition, which you can't get with the old one expired.

Thanks @JoeF for the reply. I didn't get your last point.

1. Would my employer not be able to file a new H1 petition for a different client now as the old I-797 has expired and the extension with the current client is in progress with RFE?

2. If I move to a different employer, would the new employer be able to file a new H1 petition for me at a different location now as I already have an offer?

Share this post


Link to post
5 hours ago, Mr. said:

Thanks @JoeF for the reply. I didn't get your last point.

1. Would my employer not be able to file a new H1 petition for a different client now as the old I-797 has expired and the extension with the current client is in progress with RFE?

2. If I move to a different employer, would the new employer be able to file a new H1 petition for me at a different location now as I already have an offer?

They can file a new petition, but it would only be approved with consular notification since your I-94 is expired, and the pending petition would be deemed frivolous since it isn't approachable. So, you most likely  will have to leave the country and get a new visa.

Edited by JoeF

Share this post


Link to post

I actually met the exact same condition this year, and my H1B was finally denied just because my employer said they cannot get the contract from their client. They said the client company provided some other equivalent supporting documents, but they didn`t want to share the contract due to the confidential concern. Some other contractors got H1B approval with exact the same application documents with me, while mine was denied. My contract house are trying to sue USCIS through federal court directly right now. Do you have any idea if this kind of sue could win based on your experiences?

 

Thank you!

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
×