H1 Extension RFE

[dkm1368]

For my H1 extension petition, I got following RFE from USCIS.

Maintenance of non-immigrant status:

Your petition was filed without sufficient evidence to document that a valid employer-employee relationship was maintained throughout previous H1B petition period.

 

My employer & lawyer tells me that, we just need to submit documents like Offer letter, pay stubs, performance appraisals, time sheets etc. Basically documents between me and my employer and nothing required related to end client.

 

But checking in online immigration forums, I think we need to re-send client/vendor letters as well along with above docs. [fyi, we already submitted client, vendor letters when filing the petition itself]

But my employer says they are not required in my case as this is not a right of control RFE or since agency did not specifically asked about client details.

 

Can someone please confirm if client/vendor letters should also be re-sent to uscis again along with above docs or not?

 

Thanks,

Deepak.

[pontevecchio]

If you do what you propose your extension will be denied. You are not being given a choice by the Lawyer. They are telling you to stay out of it.

[Attorney_15]

This does appear to be asking for evidence that the employer had the right to control, but in the past. However, it is important to approach an RFE carefully. It often happens that USCIS includes language that sounds like they are asking for one thing but really that's meaningless template language and they really want something completely different.

[dkm1368]

Hello Attorney_15, Thanks for your reply. So just to be clear, Do you think its best to proceed without any client/vendor letters as RFE appears to be asking Employer-Employee relationship for entire past H1b period, or better to take 2nd opinion on my RFE?

 

Thanks.

 

This does appear to be asking for evidence that the employer had the right to control, but in the past. However, it is important to approach an RFE carefully. It often happens that USCIS includes language that sounds like they are asking for one thing but really that's meaningless template language and they really want something completely different.

[rKrishna7787]

Hello dkm1368/deepak

 

can you please share your email address,i want to discuss with you,or send email to ****************@gmail.com.