The problem of forming top electrode vias that provide consistent results in devices that include resistance switching RAM cells of varying heights is solved using a dielectric composite that fills areas between resistance switching RAM cells and varies in height to align with the tops of both the taller and the shorter resistance switching RAM cells. An etch stop layer may be formed over the dielectric composite providing an equal thickness of etch-resistant dielectric over both taller and shorter resistance switching RAM cells. The dielectric composite causes the etch stop layer to extend laterally away from the resistance switching RAM cells to maintain separation between the via openings and the resistance switching RAM cell sides even when the openings are misaligned.