H1B Renewal RFE : Employer/Employee Relationship, Availability of work

[GSP101]

Hi, This is my 4th term renewal, have I-140 approved.  Filed at Nebraska Service center with premium processing, received RFE which  requesting documentation on "Maintained Valid Employer-Employee relationship"  and "Availability of Work at End Client.   Apart from other obvious usual docs such as Pay stubs/W2s for last H1B period (3 years), payroll returns, work schedules,  they are asking copies of last three tax returns of  H1B beneficiary. 

Is it normal or something unusual ? I never heard of  USCIS asking  H1bs tax returns. If anyone has such experience, please advise. I did filed taxes on time with "world income" though. Just wanted to see if there is any other purpose. 

Secondly, also need to provide "documentary examples of work  product created or produced" The material should show the author and date created. How can I demonstrate "author & date created" - it is not usual to mention my name on  every report I created or submitted to external agencies. 

Please comment and share your experience. thanks. 

[xTDx]

33 minutes ago, GSP101 said:

Hi, This is my 4th term renewal, have I-140 approved.  Filed at Nebraska Service center with premium processing, received RFE which  requesting documentation on "Maintained Valid Employer-Employee relationship"  and "Availability of Work at End Client.   Apart from other obvious usual docs such as Pay stubs/W2s for last H1B period (3 years), payroll returns, work schedules,  they are asking copies of last three tax returns of  H1B beneficiary. 

Is it normal or something unusual ? I never heard of  USCIS asking  H1bs tax returns. If anyone has such experience, please advise. I did filed taxes on time with "world income" though. Just wanted to see if there is any other purpose. 

Secondly, also need to provide "documentary examples of work  product created or produced" The material should show the author and date created. How can I demonstrate "author & date created" - it is not usual to mention my name on  every report I created or submitted to external agencies. 

Please comment and share your experience. thanks. 

It is very common of USCIS to ask tax returns. Especially when they have suspicions that the position or the employer is phony. You would have to work with your employer/client and their attorneys to figure out what is needed to response to the RFE. Nobody can review your case details and give you a magical answer here on forums. 

[JoeF]

If you write software, the version control system shows commits from each user. There's also stuff like code review, pull requests,...

Also, documents created with tools like MS Word or Excel have history logs. I am sure other tools have that as well.

[brighton]

its common these days asking for pay stubs/w2's - to make sure candidate maintained immigration status previously, its silly but there is nothing you can do, just sent the pay stubs or w2s. they asked these docs in one of my rfe's. i have sent all.

[gopalakrishnach]

This is common now a days and I feel all the documents they are asking are pretty common. Worth with your employer and your attorney on this...

Secondly, also need to provide "documentary examples of work  product created or produced" -- try to see emails, project demo/design/.. documents... work with your employer and attorneys

[GSP101]

Excellent suggestion JoeF, I work in financial analyses and not softwares. Getting into Properties and taking screenshots of the excel files helps.  I cannot get all work example, but my client may give selective permission of non confidential reports. 

Thanks XTDx and Brighton, My employer can send their payroll returns, my paystubs and I will append my tax returns. That was easy part.  

[GSP101]

Can someone guide me what exact document i need to provide for "Copy of prior years' work schedules" ? This is something different from time sheets ? Appreciate prompt feedback.

[Subbuparam]

You need to submit the previous year's timesheets that you filled with your employer to exhibit employer-employee relationship. When an employer sponsors your visa, then you become their responsibility and they are supposed to ensure that you are working according to your LCA etc. That's why it is important to have time and tasks monitored by your employer too and not just the client. 

I had a similar situation and I used an application called RightComply. Your employer can sign up and invite you to the system, enter your start date as the hire date and fill timecards from then on to show that you have been regularly monitored by your employer. You can take screenshots of the application and print it out and send it along with your paperwork. It worked for me and I got 3 year extension. they are a startup and they are super helpful too. the application is pretty straightforward, but if you want them to guide you, then ping them on the contact form on their website, someone will reach out. We continue to use the app even after approval because it is like this central place where you can keep track of it. Hope it helps! Good luck!