H1B RFE for employer employee relation - Middle Vendor Changed

USA H1B Visa
1

Hello,

My middle vendor changed from the day I applied H1B to now. I received an RFE for Employer-Employee relationship. Now, if I apply with new vendor letter/MSA/SOW will that be considered as material change and my application gets denied or is there a possibility of approval? What are my options?

Any help would be appreciated.

Thanks!

2

What are you trying to do here?
H1B transfer or what do you want to do with new middle Vendor?

If the job profile changes including MSA, you need to file H1B amendment.

3

Hi Amit,

I applied for the new H1B in cap April,2018 (lottery). I work in an Employer-Vendor(Company A)-Client Model.

Recently, my vendor got changed from company A to Company B.

But, same client, same employer and same position, and same job responsibilities. Even no changes to salary.

Now, I received an RFE asking to establish employer-employee relationship by submitting MSA/SOW/Client Letter.

My employer says change in vendor is a material change and case will be denied.

Is that true? What are my options here?

Thanks!

5

Does that mean your H1B has not been approved even once yet?

There are chances of approval if you can submit the documents requested in RFE. It all depends on what paperwork is given to USCIS to prove your claim.

6

Yes, I will be submitting all the documents requested in in RFE (New SOWs/new master service level agreements/new client and vendor letter) but with new vendor details. I don’t know if USCIS treat this as change in material.

Thanks!

7

It is a material change according to what you are saying.

But, there is no need to worry. I have seen applications getting approved with this change as well.
It varies case to case and is based on paperwork you submit.

8

Is there any suggestion from you for what all paperwork needs to be submitted to improve my chances?

9

I cannot comment on what documents to be sent as I have neither seen your H1B application nor your RFE details.

Your attorney is the best person to decide as they know in and out of your employer.

Submit all the documents as have been requested in the RFE. If you skip any one of them, you are inviting trouble.

10

Okay, thanks Anil. Appreciate your help.

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