H1B extension - RFE asking client letter

[jasminedavid]

My company applied my H1 extension in May 2011 and my H1 got expired in Jul 2011.(My 6 year H1 period ends at Sep 2012).

Till October no response from USCIS other than the receipt notice. My company upgraded to premium process 3 weeks ago.

Now we got a RFE, the problem in my case is there are two vendors between my employer and end client, Employer->Vendor1-> vendor2 (prime vendor)-> client (EVVC).

Client is not willing to give the letter to submit to USCIS, but I can get a letter from other 2 vendors, and I can use the

time sheets and others for client evidences.

My question here is, since there are two vendors before client, how USCIS will response?

According to USICIS , EVVC model is legal? Is there any chance for USCIS to reject my case?

In this situation, assume that I found a another job with other client, that is through only one vendor i.e Employer-Vendor-Client.

Can I submit new job letters and documents related to new contract for the above RFE? will that work?

Thanks

David

[Attorney_24]

In order for the H-1B to be approved, petitioner needs to demonstrate availability of specialty occupation work and proof of employer-employee relationship including petitioner's right of control over the beneficiary. The level of scrutiny is higher when the petitioner is a consulting company that places beneficiary at client site(especially when mid vendors are involved).

Generally, the project related documents that the H-1B petitioner submits should be in the area of work submitted in the H-1B filing/ covered by the LCA. Kindly consult with an immigration attorney with regards to specific questions, available options and to determine the strategy in order to submit a strong response.