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  • h4 to h1 COS :RFE

    Hi All,

    I applied for h4 to h1 COS on June 29.i am a cap exempt since i was working on h1 previously.i recieved an RFE on July 11 to prove the following things:

    1> As such it is requested that you demonstrate an employee-employer relationshilp through beneficiary through right to control the manner and the means by which the product or services are accomplished for the duration of the requested h1-b validity by providing the following or similar type of evidances:

    copy of relevant portions of valid contracts between you(or vendor) and a client (with whom you have entered into business agreement for which your employees will be utilized).
    copies of signed contractual agreements,SOW between you and the authorized officials of the ultimate end-client companies where the work will acutally be performed.

    2> evidance of h1b speciality occupation work with end-client:

    The records indicates that you are in this business of locating persons with computer related backgrounds and placing these individuals in positions with the firms that utilizes these services.

    The regulations allow additional evidance to be requested as may be independently required to assist in the adjudication of a petition.see title 8 code of federal regulations 214.2(h)(9)(i).therefore,it is requested that you demonstrate the there is sufficient speciality occupation work for the beneficiary to perform at the entitely ultimately using the alien's services for the duration of the requested h1b by providing a combination of the following or similar type of evidances:

    copies of signed contractual agreements,SOW between you and the authorized officials of the ultimate end-client companies where the work will acutally be performed.

    Note: the evidance must show speciality occupation work for the beneficiary with the actual end-client company.the documentation submitted should show the proposed employment arrangements from the petitioner,through any other consultants or staffing agencies,to the ultimate end client.




    This is my RFE.i am so worried on what documents to submit to get the approval.kindly provide me this information.

    Thank you

  • #2
    Originally posted by helpneeded123 View Post
    Hi All,

    I applied for h4 to h1 COS on June 29.i am a cap exempt since i was working on h1 previously.i recieved an RFE on July 11 to prove the following things:

    1> As such it is requested that you demonstrate an employee-employer relationshilp through beneficiary through right to control the manner and the means by which the product or services are accomplished for the duration of the requested h1-b validity by providing the following or similar type of evidances:

    copy of relevant portions of valid contracts between you(or vendor) and a client (with whom you have entered into business agreement for which your employees will be utilized).
    copies of signed contractual agreements,SOW between you and the authorized officials of the ultimate end-client companies where the work will acutally be performed.

    2> evidance of h1b speciality occupation work with end-client:

    The records indicates that you are in this business of locating persons with computer related backgrounds and placing these individuals in positions with the firms that utilizes these services.

    The regulations allow additional evidance to be requested as may be independently required to assist in the adjudication of a petition.see title 8 code of federal regulations 214.2(h)(9)(i).therefore,it is requested that you demonstrate the there is sufficient speciality occupation work for the beneficiary to perform at the entitely ultimately using the alien's services for the duration of the requested h1b by providing a combination of the following or similar type of evidances:

    copies of signed contractual agreements,SOW between you and the authorized officials of the ultimate end-client companies where the work will acutally be performed.

    Note: the evidance must show speciality occupation work for the beneficiary with the actual end-client company.the documentation submitted should show the proposed employment arrangements from the petitioner,through any other consultants or staffing agencies,to the ultimate end client.




    This is my RFE.i am so worried on what documents to submit to get the approval.kindly provide me this information.

    Thank you
    I hope you must have replied.
    Can you answer your own question?
    I need same information which you was seeking for.

    Comment


    • #3
      The petition is filed by your employer and the RFE is addressed to your employer. They should answer it with help from their lawyers. It seems pretty clear what it asks for so if your employer has the necessary evidence they should submit it.
      This is my opinion and not legal advice.

      Comment

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