H-1B received RFE..Anyone in same situation?

[huskers2005]

Hello All,

I applied for H-1B in Master's Quota (No premium processing) for year 2010.I received a Request for evidenence on Apr 29 2009 and I need to respond by Jun 13 2009.

My current status: OPT (17 month extension is continuing..Expires April 2010)

The company which filed my H1-B is a IT consulting firm and I am contracting under them since Jan 2008. I am working for a IT client with a vendor in between my consulting firm and the client since Jan 2008.

The crux of the letter I got from USCIS says the following.

Your company provides IT consulting and staffing services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2 (h) (2) (i) (B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.


The following seems to be self explanatory ..they need my client name,dates worked..etc

Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary's services will be delivered.

Could you please explain what letters they are expecting from this paragraph and the next?
Submit a letter from each work site that identifies the name of the project the beneficiary is assigned to, the name of the Vendor through whom the beneficiary's services are provided, and whether the work site has the ability to assign the Beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached. For each of the beneficiary's work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and related work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.

For each of the beneficiary's work assignments, submit a letter from the business with ultimate control and authority over the beneficiary's work. The letter must address the title and duties of the beneficiary's position, the minimum , education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be Performed under contract for an end client are duties associated with the specialty occupation sought.


(I don't think below part is relevant in my case)
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualifications necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.


You help in this matter is really apperciated..

[txh1b]

Get a client letter, vendor letter, sub vendor letter, sub-sub vendor letter, employer letter to establish the chain of suckers sitting on their leather chairs speaking broken english and eating your hard earned money.

Also get the work orders from each of these vultures and they can choose to black-off the rate part if they talk confidential crap.

If you cannot get these, you can kiss the H1b a good bye.

[orion]

Get a client letter, vendor letter, sub vendor letter, sub-sub vendor letter, employer letter to establish the chain of suckers sitting on their leather chairs speaking broken english and eating your hard earned money.

Also get the work orders from each of these vultures and they can choose to black-off the rate part if they talk confidential crap.

If you cannot get these, you can kiss the H1b a good bye.

So true... the first reaction was to laugh but its the bitter reality, so I could not even laugh. Those @#$$%&^$%&....

If you get all these letters and your current project is 6 months long then expect your H1b expiration date at the end of 6 months!!

[huskers2005]

@txh1b,@orion Thank you for your response...Why do think not all people getting this query eventhough they work for consultng firms..

[txh1b]

They are just lucky.

[jinneebhat]

I wonder what happens if such an RFE is not responded. Does that makes H1b as rejected?? Is this bad for all your future visa applications?



Thanks,
Jin

[swetha2009]

I have got the same RFE. Does any one know what "For each of the beneficiary's work assignments, submit a letter from the business with ultimate control over the beneficary's work." mean?

Do I need to submit the letters from my previous clients as well ?

I am confused, because in another point they said "Submit a letter from each work site that identifies the name of the vendor through whom the beneficiary's services are provided".

huskers2005, can you please let me know what all you submitted and if you have been approved or not?

[h1waiting_pain]

Hello huskers2005 and others

Please let me know what all documents you have submitted. I also got same RFE and wondering client letter and letter from my employer are sufficient or do I need do submit more documents.

[txh1b]

For a H1b employee, the ultimate controller has to be the employer. This seems to be a trick question. Even if a person works at a client site, employer should say that the sole authority, performance appraisals etc are solely in the hands of the employer and total control of employer only.