H1b Extension RFE for work from home - third party off site location?

USA H1B Visa
1

In my h1b extension application, my attorney mentioned that I will not be working at Third Party Off-Site location. This extension is for same employer and same job profile. However in RFE, USCIS mentioned that we have specified that I will be working at third party off-site location and requested all the documents based on it. I have work from home since last 9 years. And my LCA also has my home address. I never had to go to client location for the work.

Please guide me how to handle this situation. Here are the primary topics in the RFE.

  • Employer-Employee Relationship
  • Right to Control
  • Services in a Specialty Occupation at Third Party Off-Site Employment

Any help is appreciated!

2

As per USCIS, your home address is equal to ‘Third party off site’ location as your home location does not belong to your employer.

These kind of RFEs have started coming up recently as USCIS is getting extremely strict in their interpretation.

You have to submit these documents to prove this RFE:

3

Are you working as a full time or through vendor? Have you traveled outside of USA in last 9 years? Did anyone question you at POE about WFH?