H-1B Extension RFE

Discussion in 'Working Nonimmigrant Visas' started by Sud, Mar 18, 2008.

  1. Sud

    Sud Junior Member

    Hello,
    My company filed for my H-1B extension after first 3 years are complete. My company A is an IT consulting firm that has contract with another vendor company B which is having a contract with the end client company C.

    Here is the exact text of the RFE:
    Provide the following to establish that the present petition meets the criteria for H-1B petitions involving a specialty occupation:

    I.EVIDENCE PERTAINING TO THE PROFFERED POSITION:
    The evidence indicates that the petitioner is engaged in the business of IT service and is seeking the beneficiary’s services as a software consultant. Please clarify the petitioner’s employer-employee relationship with the beneficiary and provide evidence as follows:
    • A complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested – in this case until 2011.
    • Copies of signed contractual agreements, statements of work, work orders, service agreements, and letters from authorized officials of the ultimate end-client companies where the work will actually be performed for the period of time requested. Contracts should specify the duties contracted to be performed by the beneficiary while working for the end-client. Documentation provided should specify duties, dates of service requested, work schedule and pay schedule.
    In response to this query, would submitting the contract between my company A and the vendor company B and a letter from my project manager listing my job duties, etc. be enough?
    Do we have to submit the contract between vendor company B and the end-client company C? - I am not sure we can get that from the vendor.

    Would the above documentation be enough? I am really worried about the part that asks me to provide contracts for the next 3 years. My contract has been extending on 6 month intervals since almost 3 years - client does not extend beyond 6 months at a time.
    I would greatly appreciate any suggestion.

    Thank you.
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Re: H-1B Extension RFE

    I can't really get into invidual cases because there are too many variables and without personally examining all of the unique facts of the case, it is very easy to give bad advice, particularly if you have left out something important.

    Generally speaking, in cases like this, the CIS wants you to establish that there is a real job. That is, you will really be doing an H-1B qualifying job and there is someone who is ready to pay you the full salary.
  3. Sud

    Sud Junior Member

    Re: H-1B Extension RFE

    Thank you very much for the quick response Ron.

    I have been working with the same employer since I finished my MS and I have been working at the same client location since almost 3 years.
    We can provide all the contracts that we have with the vendor for the last 3 years.
    The only problem is to get the contract between the Vendor and the client and to establish that this contract would last for another 3 years.

    Once again, Thank you for the response.
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Re: H-1B Extension RFE

    That shouldn't be a problem. This was probably a random RFE (yes, they actually do that).
  5. Sud

    Sud Junior Member

    Re: H-1B Extension RFE

    Thanks a lot Ron.
    That sure would release some of my stress.
  6. Sud

    Sud Junior Member

    Re: H-1B Extension RFE

    Ron,
    What are my options just in case something happens with my H1?
    My current H1 expired a month ago.
    Will I be able to transfer to another company? If yes, how much time will I have?
    I just want to be prepared.

    I would really appreciate your response.

    Thank you.
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

    Re: H-1B Extension RFE

    If you are no longer with your original company, then you will go out of status if they deny this petition. In that case, you can find a new employer and have them file a new H petition for you via premium processing. You would have to leave the country, however, during the processing.
  8. Sud

    Sud Junior Member

    Re: H-1B Extension RFE

    Ron,
    I am still with my original employer. They applied for my extension back in October 2007 - 4 months before the H-1 expired.
    The question I was asking is - If the current petition for H-1B extension with the current employer gets denied for any reason, will I have a chance to apply for H-1 transfer to another company after the denial?

    Once again, I can't thank you enough for the responses.
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

    Re: H-1B Extension RFE

    If it is denied, you will go out of status. Another employer may petition for you, but you will have to leave the country while it is in process.
  10. Sud

    Sud Junior Member

    Re: H-1B Extension RFE

    Ron,
    Thank you very much for the replies.

    In preparation for replying the RFE, We got the contract between my company and the mid-vendor but the contract is for only 6 months - ( As I mentioned earlier, I have been at this same client since 2005 with the contract extending in 6 month increments - The client does not extend the contract beyond 6 months at a time)

    I also got a letter from my manager at the client location stating that I have been working for them since 2005 and they see a real need for me for the foreseeable future.

    Do you think these documents would be enough to answer the RFE? and would the contract be an issue as it for only 6 months?
    I am very concerned about this RFE and am thinking about a H1 transfer.
    Please advise.

    Once again, Thank you very much for the replies and really appreciate the help.
  11. rah87

    rah87 Junior Member

    Re: H-1B Extension RFE

    My RFE is to submit evidence pertaining to the proffered position: Jobs descriptions and prove for standards for Specialty position. My title is Information technology and Systems Development which under Occupational Outlook Handbook (DOL) indicates Computer Network,Systems, and Database administrators. Unfortunately this title in the handbook does not require B.S degree. But my actual jobs is more complex and specialized (Real estate industry where I manage databases and websites and develop codes and software for my company to generate financial and tenant tracking reports). Can someone advice me on how to handle this RFE? Thanks. I think this RFE is very similar to that of Calmet. Any advice is greatly appreciated
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

    Re: H-1B Extension RFE

    Your employer needs to describe the job in much more detail and explain why it can't be done by someone who doesn't have a degree. Remember, you can qualify if your employer can show that the job customarily, on an industry wide basis, requires a specialized degree. You can also qualify if your employer can show that this particular job cannot be done unless someone holds a specialized degree. You can also qualify if your employer can show that they have always hired people with specialized degrees for this position.

Share This Page