We have been retained by several consulting companies to try to respond to their RFE's all of which require a letter from the end-client. Many times, despite best efforts, such letters are not available. So, as a test case, we filed an Request For Evidence is a a request from a government agency to provide further information on an issue before the government.
As ofJuly 24, 2009, approximately 44,900 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
We were retained for an H-1B petition. USCIS issued a Request for Evidence asking for proof that the beneficiary would be employed in-house and that the petitioner has sufficient specialty level work available for the beneficiary. No project information or agreements entered into with the clients could be provided to USCIS as evidence because of the confidential nature of the projects that the beneficiary would be required to work on in-house. Therefore, we relied on secondary evidence supported by legal arguments. USCIS accepted our arguments and approved the applic