H1B RFE Employer - Employee Relationship

[thisisbiju]

Yesterday I received a RFE asking me to submit the following documents:

• Copy of signed Employment Agreement between you and the beneficiary detailing the terms and conditions of employment.
  
• Copy of an employment offer letter that clearly describes the nature of the employer-employee relationship and the services to be performed by the beneficiary.
  
• Copy of relevant portions of valid contracts between you and a client (with whom you have entered into a business agreement for which your employees will be utilized) that establishes that while your employees are placed at the third-party work site, you will continue to have the right to control them.
  

Currently I am working for an Implementor like Infosys, Wipro etc for a client here. I was hired as a contractor for this project. So if the Implementor provides a letter, would that establish the employer - employee relationship? Please let me know. Thank you.

[JoeF]

On H1, you are never a contractor. If you think you are a contractor that already shows that there is no employer-employee relationship.

On H1, you work for an employer. If the employer sends you to a client that is none of your business. You are still an employee, and your employer has to be the one who controls your work.

[vsq_help123]

thisisbiju,

Who is your actual employer?Is it company like *******/*****/***......etc.? Or you work for employer X and *******/*****/***...etc are the direct vendor for client and have given your employer X a sub-contract? Do you work EVC mode or EC mode?

VSQ