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I applied for an H1B transfer in Nov 2018 and have been working on receipt. My previous employer withdrew the approved application which was valid till Sep 2020. I got an RFE asking for employer-employee relationship specifically asking for contract agreements, SOWs between vendor and client. We have MSAs, SOW between vendor and my employer. Vendor gave an email SOW between client and vendor. Also, we are submitting work code samples, pictures of me at the client location and my client profile. Will this be enough or there are chances of denial ?

Following are what we are submitting ?

Work Itinerary

  • End Client Letter from Client;
  • Vendor Letter from Vendor;
  • Emailed Statement of Work between Client and Vendor;
  • Statement of Work between Vendor and employer;
  • Master Service Agreement between Vendor and employer;
  • Beneficiary’s Profile on the Client’s Portal;
  • Beneficiary’s Access to the End Client Portal;
  • Pictures of the Beneficiary at the End Client’s Location;
  • Beneficiary’s Work Product.

 

Right to Control

  • Itinerary of Services;
  • Pay Stubs;
  • Status Reports;
  • Time Sheets;
  • Performance Review;
  • Organizational Chart

 

Also, if the petition gets denied can I apply for a new petition if there is a new job offer ?

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The company Attorney deals with RFEs and submits documents. They should know what needs to be sent to USCIS; it is what they're paid to do. 

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I applied for an H1B transfer in Nov 2018  - why you are applying. Your employer will apply for H1B and they along with good immigration lawyers will deal with RFEs.

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