An apparatus includes a first source and a common drain and on opposite sides of a first gate surrounded by a first gate spacer, a second source and the common drain on opposite sides of a second gate surrounded by a second gate spacer, a first protection layer formed along a sidewall of the first gate spacer, wherein a top surface of the first protection layer has a first slope, a second protection layer formed along a sidewall of the second gate spacer, wherein a top surface of the second protection layer has a second slope, a lower drain contact between the first gate and the second gate and an upper drain contact over the lower drain contact and between the first gate and the second gate, wherein at least a portion of the upper drain contact is in contact with the first slope and the second slope.