H1B RFE for Employer-Employee relationship- Jan 8 memo

[chakawa]

Hello Ron Gotcher,

I am planning to apply for H1 Transfer from my Current Employer to another Employer.
And there will be a primevendor in between my employer and End client.
We have all the Po, agreements, client letter.

But recently i saw some rejections to a couple of people due to this new Memo( when they got RFE to prove the relation with performance review process, organization charts ..etc).

Have you also seen such H1 Transfer/extension RFE's for any of your clients/cases that you are working on/ has worked?

Were you able to get approvals for such RFE's to prove that employer-employee relationship.

I am trying to convince my employer to use your law firm for immigration purpose from now on or atleast for my case.I heard from a friend of mine about your law firm.

Can you please let me know your experience and success rate with these kind of new RFE's.

Thanks,
Chakawa

[Ron Gotcher]

We have been dealing with RFEs similar to those you describe. Of those for which we have submitted responses, one was just approved and the others are still pending.

[chakawa]

Hi Ron,

Thanks for your quick reply.

--
Chakawa

[chakawa]

Hi Ron,

Were you able to get any more updates related to this Jan 8th Memo?
Have you got any more info on this issue...

Have you noticed any recent trend of more RFE's , approvals/ denials after or due to this memo?

And of the submitted responses you said were pending , were you able to receive any further updates on those?

Thanks,
Chakawa

[Ron Gotcher]

We have had mixed results. Most of our RFE responses have resulted in approvals. One was denied and we are taking an appeal on it. In fact, the appeal is getting sent in today. It includes my 38 page brief. I have asked for expedited review on it and I plan to take it into federal court if they don't reverse the denial. We have an excellent record and if the CIS wants to push this, they will lose.

Have you looked at the proposed new I-129? It has a new attestation for third party placement. It appears that nothing is required beyond this attestation. Since this is being promulgated through notice and comment rulemaking, I'd say that it trumps an informal policy memo.

[chakawa]

Hi Ron,

Thanks for the update..

Would you mind to share the denial reason given by the CIS ?

Did they point out any specific reason or just bluntly specified as "No proper Employer-Employee Relation".

Thanks,
Chakawa