A structure and method for making includes adjacent pMOSFET and nMOSFET devices in which the gate stacks are each overlain by a stressing layer that provides compressive stress in the channel of the PMOSFET device and tensile stress in the channel of the nMOSFET device. One of the PMOSFET or nMOSFET device has a height shorter than that of the other adjacent device, and the shorter of the two devices is delineated by a discontinuity or opening in the stressing layer overlying the shorter device. In a preferred method for forming the devices a single stressing layer is formed over gate stacks having different heights to form a first type stress in the substrate under the gate stacks, and forming an opening in the stressing layer at a distance from the shorter gate stack so that a second type stress is formed under the shorter gate stack.