H1B Extension REF 'Availability Of Work At End Client'


sunny1323

Recommended Posts


I applied my H1 extension. I have received an RFE and the content of the RFE was attached below.  The problem is I am an employee of a consulting company (A) which has a relationship with company (B) and B has a valid contract with one of the Indian biggest MNC's  (C ). I am working at client location through (C) whose preferred vendor is (B).
RFE is asking about  'Availability Of Work At End Client' .

I submitted Client letter, MNC (C) Letter , Vendor (B) letter ,, Work order agreement. But Still I got RFE asking  'Availability Of Work At End Client' .

Asking the agreement between Client and Vendor(B). But here Vendor (B) is prime vendor for MNC, there is no direct contract between Vendor(B) and Client, MNC is the direct contract of Client. I got VP letter from MNC as that I am working in client place, but MNC didn't provided the contract agreement between Client and MNC. 

Please advice what document should I submit to clear my RFE .

 

    

 

Link to comment
16 hours ago, sunny1323 said:


I applied my H1 extension. I have received an RFE and the content of the RFE was attached below.  The problem is I am an employee of a consulting company (A) which has a relationship with company (B) and B has a valid contract with one of the Indian biggest MNC's  (C ). I am working at client location through (C) whose preferred vendor is (B).
RFE is asking about  'Availability Of Work At End Client' .

I submitted Client letter, MNC (C) Letter , Vendor (B) letter ,, Work order agreement. But Still I got RFE asking  'Availability Of Work At End Client' .

Asking the agreement between Client and Vendor(B). But here Vendor (B) is prime vendor for MNC, there is no direct contract between Vendor(B) and Client, MNC is the direct contract of Client. I got VP letter from MNC as that I am working in client place, but MNC didn't provided the contract agreement between Client and MNC. 

Please advice what document should I submit to clear my RFE .

 

    

 

This A B C B makes my head hurt. Who is your end client? C or someone else ?

The bottom line is that you do not submit anything, your employers attorney will reply to RFE. It is what it says, they have to submit the proof of work at the end client.  If they have already submitted proof of work availability at end client, then they should respond to RFE more clarity and in concise manner that can explain things to USCIS. Unfortunately, the burden to make USCIS understand what the position and employment layers are is upon the petitioner employer. 

Another suggestion is to stay away from these many layers of work and find a good full time direct employment. This all looks shady to me and to uscis for which they have RFE'ed your employer about their petition.

Edited by xTDx
Link to comment
  • 7 months later...

Hi Sunny,

I have got similar RFE for H1 Extension. I do not have these many layers though.

I work for employer which has a contract with Vendor (MSP) and MSP has contract with Client.

Got RFE for availability of work at Client.

I have already submitted client letter.

My employer planning to submit work order from MSP but we cannot get contract between MSP and client due to privacy agreements?

Will this suffice?

Please let me know.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...