RFE on H1B - Employee - Employer relationship

[v777]

My employer had filed for a H1B under premium processing in advanced degree quota. I had submitted letters from the middle vendors, client. I had received an RFE stating that the documentation submitted is insufficient to establish a valid employee- employer relationship for the requested validity period.

 

And it also states the following

 

Upon further review of this end-client letter, it is determined that the information in the letter is limited to generalized functional descriptions. The generalized information was not
supplemented by documentation indentifying specific projects in which the duties would be applied, describing the particular components of those projects that are so complex or unique as to satisfy the criterion for a specialty occupation, and explaining why those components were so complex or unique that their performance necessitates a person with at least a bachelor's degree in a specific specialty. Therefore, the work agreement is not documented properly, nor have you established your right to control where and how the beneficiary performs the job with your client.

 

 

So what do I have to submit to support my application ?? How do I get over this ??

[jairichi]

My employer had filed for a H1B under premium processing in advanced degree quota. I had submitted letters from the middle vendors, client. I had received an RFE stating that the documentation submitted is insufficient to establish a valid employee- employer relationship for the requested validity period.

 

And it also states the following

 

Upon further review of this end-client letter, it is determined that the information in the letter is limited to generalized functional descriptions. The generalized information was not

supplemented by documentation indentifying specific projects in which the duties would be applied, describing the particular components of those projects that are so complex or unique as to satisfy the criterion for a specialty occupation, and explaining why those components were so complex or unique that their performance necessitates a person with at least a bachelor's degree in a specific specialty. Therefore, the work agreement is not documented properly, nor have you established your right to control where and how the beneficiary performs the job with your client.

 

 

So what do I have to submit to support my application ?? How do I get over this ??

Your employer's attorney would handle this. It is not your job to do that.

[rahul412]

Find FTE.

[t75]

vendorS  ...  multiple layers is a problem

[JahnaviV]

Hey i got similar RFE..

But they asked me only regarding my specialty occupation..

 

Did ur atorney respond to RFE yet?

[v777]

Hey i got similar RFE..

But they asked me only regarding my specialty occupation..

 

Did ur atorney respond to RFE yet?

 

my original client letter has listed the job duties briefly. So now the attorney has suggested for another letter from client stating detailed job duties and prospective project plans for the next few years, but the client is not willing to sign it. I do not have issues with layers.

[rahul412]

my original client letter has listed the job duties briefly. So now the attorney has suggested for another letter from client stating detailed job duties and prospective project plans for the next few years, but the client is not willing to sign it. I do not have issues with layers.

You need to understand one thing here, you received this RFE because of having layers between you and your employer.

[v777]

You need to understand one thing here, you received this RFE because of having layers between you and your employer.

 

they have not questioned anything about layers. Infact they have called my manager at client place and enquired too. But what makes you think its about the layers from the above description I had posted ??

[rahul412]

they have not questioned anything about layers. Infact they have called my manager at client place and enquired too. But what makes you think its about the layers from the above description I had posted ??

Because the RFE is all about EE relationship.If you work at client location  your employer has to control your work, but with layers in between that's not possible, so that's the reason for RFE. Moreover you don't need a client letter if you work directly for your employer. Do you understand the reason for RFE?

[v777]

Because the RFE is all about EE relationship.If you work at client location  your employer has to control your work, but with layers in between that's not possible, so that's the reason for RFE. Moreover you don't need a client letter if you work directly for your employer. Do you understand the reason for RFE?

 

I had already submitted letters from the layers stating that my employer has the right to control. In the description above it does not say anywhere about layers. How are you concluding its about layers. Could you be clear & specific ??

[JoeF]

I had already submitted letters from the layers stating that my employer has the right to control. In the description above it does not say anywhere about layers. How are you concluding its about layers. Could you be clear & specific ??

And does the letter from the client say that as well?

Why would there even be multiple layers if the client knows about it? No sane client would pay money that goes to the multiple layers. It doesn't make economic sense, it doesn't make sense contractually.

Can you discuss your work with some arbitrary third party (your employer)? Can you share code with some arbitrary third party (your employer)? If so, then you could just post it for the world to see. No sane client would allow that.

The client has no contractual agreement with your employer, and most likely, doesn't even know your employer. Could your employer show up at the client's place, and discuss your work? That would be like me showing up there, and discussing your work. How would the client know that I'm not from your employer? They don't know with which company you are employed, they only know with which company they have a contract with.

[rahul412]

I had already submitted letters from the layers stating that my employer has the right to control. In the description above it does not say anywhere about layers. How are you concluding its about layers. Could you be clear & specific ??

Simple dude, does your employer has a contract agreement signed between your client and employer??

Does your client knows your employer??

Obviously, your answer is no. That means their is no EE relationship, that's the reason for RFE.