You need to retain an attorney with experience in H1B "Third Party Worksites - End clients". This is nothing new in the H1B petition world and your lawyer should not have taken on a case for which they were not qualified.
Your Exhibit A raised more questions that providing answers!!!!!! It did not satisfy the primary issues USCIS has with Third Party Worksites and USCIS is not interested in the workplace diversity when adjudicating a petition.
There are always two main issues with Third Party Worksites - End clients:
1. Will there be work available for you through the period for which the employer has requested a petition approval - in your case 12/31/2015 - 12/31/2018.
USCIS says "SHOW ME THE PROOF - A CONTRACT; WORK ORDER; LETTER OF AGREEMENT". We want assurance you will not be put on the bench and not work.
2. Who is going to control and direct the work you will be performing at the Third Party Work site? It must be your petitioner/employer who directs you even though you will be off site. Your petitioner has to have the employer/employee relationship with you.
Since your petitioner-employer has no agreement with the Third Party work site Your employer petitioner must enter into a contract with the Third Party defining the length of the project (and amend the requested approval dates to coordinate with these dated) scope of your duties; the skills required; and that the petitioning employer alone is responsible for directing your work product and how that direction and control will be done.
That is the basis of proving that a valid employer/employee relationship will exist between you and the company that filed the petition.
If the SOW does not provide for authorization for your petitioner to use their employees on the end-client site it can be demonstrated in a contract; work order or service agreement. Those documents must stipulate in addition to wage, hours to be worked, required skills, job duties, how you will be managed and supervised by the employer petitioner on the client site. Whether the employer will have a manager on site supervising your work; name and phone number of the manager; examples of weekly reports between you and your manager with examples of time sheets which will be attached to the reports giving detailed description of duties performed and time spent on each task.
You can also provide an Affidavit - see sample
I cannot teach your lawyer how to document the petition for your contractor/employer. I have shown you where the holes are and how they can be plugged, but you really need a lawyer who knows what they are doing in these tricky petition situations.
My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.