H1B RFE bcoz my attorney included EVVC instead of EVC layers

[sheshank]

I have applied for my H1B in masters quota for fiscal yr 2014 and I have received a RFE from USCIS:

Let me provide you the detail information.

As of March 1st I had EVVC relationship(Employer-Vendor-Vendor-Client) for ex : A-B-C-D. We thought EVVC can create problems for my H1 approval. We have removed middle vendor ie C on March 18th and created a new agreement as EVC. Some where in the application itenary,my attorney included EVVC (A,B,C,D) instead of EVC(A,B,C). RFE states that there is no documentation provided for the vendor©, which is not at all in the layers. Please provide me your kind suggestions, how to proove that there is no vendor © in between the layers. Waiting to hear from you and I appreciate your responses, which will help my case to be resolved and get my approval.

Regards,

Sheshank

[sk.january]

Whether EVC or EVVC model, the employer has to prove that the employer-employee relationship exists and the employer is able to supervise the employee/ beneficiary.

In some IT consulting practices:

1. The employer coordinates with client manager to assign the employee/beneficiary work
   
2. Another senior-employee of the employer working at the same client site coordinates with client manager to assign the beneficiary work
   

Employer has to clarify that he has the hiring, firing, re-assigning work, monitoring work, supervision.

This needs to be handled by the employer or his immigration lawyer