H1B RFE-Availibitly of Speciality Occupation Work at EndClient

[Ved1226]

I applied my H1B in March in Premium and I got RFE for Availibitly of Specialty Occupation  Work at EndClient. I provided Client letter, Vendor letter and agreements. RFE stated that the evidence submitted is insufficient to establish that there is specific and non speculative specialty occupation caliber work available for beneficiary for the duration requested for validity period because, the "The letters are not contractual evidence of work".

1.To Answer this RFE what all documents we need to submit?

2. What all additional evidences do I need to provide?

 

[User099]

It looks to me that you are asking for H1 beyond the project end date mentioned in the Client letter, is that the case?

On 4/13/2020 at 12:04 AM, Ved1226 said:

I applied my H1B in March in Premium and I got RFE for Availibitly of Specialty Occupation  Work at EndClient. I provided Client letter, Vendor letter and agreements. RFE stated that the evidence submitted is insufficient to establish that there is specific and non speculative specialty occupation caliber work available for beneficiary for the duration requested for validity period because, the "The letters are not contractual evidence of work".

1.To Answer this RFE what all documents we need to submit?

2. What all additional evidences do I need to provide?

 

 

[gopalakrishnach]

Your employer along with good immigration attorney can address this.

Availibitly of Specialty Occupation  Work at EndClient. -- your background education details and job description, contract between client and primary vendor which clearly states the dates, contract between your employer and vendor(s) with clear dates and so on.

[Ved1226]

I have this format Employer--Vendor--Service provider--Client. These are the documents we collected. let me know if these are sufficient,

1.Work order from client which has dates.

2.Client letter with dates matching Work Order.

3.Vendor Letter.

4.There is a service provider between my vendor and Client so I have Signed agreement between vendor and service provider.

5. Specialty occupation Expert opinion letter.

6. Detailed Job duties with skills and tools used.

Do we need any additional documents like

1.Do I also need a signed agreement between client and Service provider? Service provider details are on client letter.

2. Iam Masters degree here, do we need transcripts or any other documents?

[Ved1226]

On 4/15/2020 at 9:23 AM, User099 said:

It looks to me that you are asking for H1 beyond the project end date mentioned in the Client letter, is that the case?

 

Yes, Work order is only till 12/31/2020 with possible extensions  and we requested beyond that date.

[User099]

11 hours ago, Ved1226 said:

Yes, Work order is only till 12/31/2020 with possible extensions  and we requested beyond that date.

USICS is giving extensions on the basis of the availability of work. If you can't show work for all 3 years and ask for extension for 3 years then this is raising an RFE. I think this is the outcome of one of the memos that came out couple of years ago.

I don't know providing any additional documentation will solve this RFE, other than the client changing the end date in the client letter to show 3 years of work.

You can talk to an attorney to get a second opinion from what ever your attorney is working on. 

 

[Ved1226]

We have not asked for 3 years, according to RFE, we requested from may 14th 2020 to May 13th 2021, but the WO and Client letter has the date 12/31/2020. So in this case client will not change the date, so now my employer should match what the WO and Client letter has right?

Edited April 20, 2020 by Ved1226

[Ved1226]

We have not asked for 3 years, according to RFE, we requested from may 14th 2020 to May 13th 2021, but the WO and Client letter has the date 12/31/2020. So in this case client will not change the date, so now my employer should match what the WO and Client letter has right?

[User099]

5 hours ago, Ved1226 said:

We have not asked for 3 years, according to RFE, we requested from may 14th 2020 to May 13th 2021, but the WO and Client letter has the date 12/31/2020. So in this case client will not change the date, so now my employer should match what the WO and Client letter has right?

Yes, that will be best to address this RFE. From USCIS perspective, if the Client is not offering you a job from 1/1/2021 to 5/13/2021, then why are you asking for an extension for that client for additional 5 months.

[Ved1226]

Normally employers ask for more right so they requested, even before I transferred they did the same. I will check with them.

We almost got all documents, but without SOW is it ok to answer RFE. I have Work order.