RFE on H1B transfer

[abhi.yera]

Hi,

 

My name is Abhy, My question is i'm on H1B transfer , From my old employer to New employer .I have 3 layers from client to the employer, I have filed the transfer on May 18th 2015, and received the RFE on oct 26th,Below are the list of documents they need , can somebody advice any template for this documents.

• the skill required to Perform the specialty occupation
• the source of instrumentality and tools required to perform the occupation
• Location of the Work
• duration of the relationship between you and the beneficiary,
• whether you have the right to assign additional work to the Beneficiary
• the extent of beneficiary's discretion over when and how long to work
• method of payment of the beneficiary's salary
• beneficiary's role in hiring and paying assistants.
• specialty occupation of work is part of regular basis.
• whether are you in Business
• provision of employee Benefits
• tax treatment of the Beneficiary
• whether you can hire or fire the beneficiary or set rules and regulations of the Beneficiary's work. 
• whether and if so, to what extent you supervise Beneficiary's work. 
• whether the beneficiary reports to some one higher in your organisation.
• copies of relevant contract copies related to the Beneficiary's placement at the end user work site that confirms the role in the which the Beneficiary's  is working at end user or Site.
• copies of mutual agreements, statement of work,service agreements,letters from authorized officials of the ultimate end companies of the Beneficiary will perform the work , which explains the detail description of the duties,salary, wages, no:of hours worked,a brief description who is supervising the beneficiary's work.

What is the chance of getting this RFE Cleared? Is it like a major thing .Please answer anything you know and Any kind of templates for the Above questions would be of great help.

 

thanks.

Abhy.

 

[jairichi]

Attorney will handle this.

[rahul412]

.I have 3 layers from client to the employer, I have filed the transfer on May 18th 2015, and received the RFE on oct 26th,Below are the list of documents they need , can somebody advice any template for this documents.

There is no template to provide, your employer/attorney has to take care of the documents. If possible, try to remove layers for H1 approval.

[abhi.yera]

Hi,

 

Thank you both of you for the Quick turn around replies, as if now I'm in the Project and we have already send the Documents to UScis,  I don't think its possible for me now to go ahead and remove the layers as uscis have seen all the Layers before, If its something that can be done in paper work , let me know which would of great help. what is the chances of getting  this case Approved

 

Thanks,

Abhy

[JoeF]

The employer and his lawyer (he has one, I hope) have to handle that. You need to stay out of it.

Some of this is about employer-employee relationship, with the employer being able to direct the work. With multiple layers, that is in doubt.

It is therefore likely that the H1 would get denied. It is always bad to have middle vendors. Such constructs are very often rather shady.

[rahul412]

Hi,

 

Thank you both of you for the Quick turn around replies, as if now I'm in the Project and we have already send the Documents to UScis,  I don't think its possible for me now to go ahead and remove the layers as uscis have seen all the Layers before, If its something that can be done in paper work , let me know which would of great help. what is the chances of getting  this case Approved

 

Thanks,

Abhy

H1 approval with layers between Employer and employee is very risky.

[Attorney_15]

Yes, a layered contractual chain has risk but such cases can and do get approved.