sheshank Posted April 24, 2013 Report Posted April 24, 2013 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 Posted April 25, 2013 Report Posted April 25, 2013 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: The employer coordinates with client manager to assign the employee/beneficiary work 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
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