I have to start this thread by saying I'm truly depressed at this moment.
I came here for vacation and attended interview for my H1b stamping last week (I previously had H1B visa stamped in Hyderabad consulate). I was very confident that I will get the visa stamped as I had Client letter, Vendor letter, w-2s, paystubs, tax returns, Employer's 940, 941, Financial statements, everything. I even had a 2nd Client letter explaining that I'm going for vacation and will be back and providing the services at the Client site.
Visa interview was done by an grumpy old guy with grey hair, mustache. I greeted him didn't respond but asked me for my documents. I handed it over to him. He looked at my documents and asked where am I traveling? and asked me if I'm married (Somehow I felt like marital status seems to make a difference as two of the guys before were asked the same question, they were married and they got the visa..again I'm not sure).
His 3rd question was about my company, I told him that they provide software services, etc. The interview went for about 25mins, I have never seen any postings on forums about such kind of questions. I wanted to share them so someone could benefit.
My first suggestion don't come to Hyderabad unless it's really important, Prove VO that you are being closely monitored by someone at the Client site from your H1 sponsored company.
MAIN FOCUS OF THIS INTERVIEW WAS RIGHT TO CONTROL.
These are the questions he asked me
1. Does the H1B petitioner supervise the H1B employee / worker and is such supervision off-site or on-site?
2. If the supervision is off-site, how does the H1B petitioner maintain such supervision, i.e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
3. Does the petitioner have the right to control the work of the H1B worker on a day-to-day basis if such control is required?
4. Does the petitioner provide the tools or instrumentalities needed for the H1B worker to perform the duties of employment?
5. Does the petitioner hire, pay, and have the ability to fire the H1B employee?
6. Does the petitioner evaluate the work-product of the H1B worker, i.e. progress/performance reviews?
7. Does the petitioner claim the H1B employee for tax purposes?
8. Does the petitioner provide the H1B worker any type of employee benefits?
9. Does the H1B employee use proprietary information of the petitioner in order to perform the duties of employment?
10. Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
11. Does the petitioner have the ability to control the manner and means in which the work product of the H1B worker is accomplished?
Nothing seems to convince him, he was prepared to give me a 221 g he was not convince by the fact that my employer location and client location, he wanted proof of my H1 sponsor manager monitoring me at the work site, His questions were tricky
1) Does your manager come to onsite without Client's approval? 2) Will you instal Microsoft office if your H1 Sponsor manager asks you to do so at the Client's computer? 3) If your employers asks you to get some information from the Client will you do without asking Client? 4) Does your employer provide you computer? 5) Does your employer preinstall tools in it? 6) Does your employer have any proprietary tools (invented by the Company)? 7) You are working in .net and if your client wants you to work on C# would you do so without asking your employer? and many more questions which will make you answer NO unless you are working with big Consulting companies like Deloitte, Accenture, etc.. From my above answers he proved that Client has more right of control. He wasn't listening to any explanations he had a very limited knowledge on Jobs.
He printed all the information and made me sign it and returned my passport and kept all the documents. He said I don't want to lose your passport so I'm returning it, I'm issuing you a 221g, You will receive update within 3 - 5 days or it might take even longer. I might ask you to drop passport at VFS office.
On 3rd working I got email that my visa was rejected and all documents are returned to USCIS for re-validating my petition. Officer stated that my visa interview was contradicting USCIS rules or there was no enough evidence that employer-employee relationship and right to control exists.
I'm very frustrated at this point, I'm not even sure what to do. I have all my belongings, my apartment, car back in US. I at least think rejections should be followed with a temporary visa to take care of things back in US. USCIS is a scam, It's a big practice of fraud, VO have very limited knowledge on different kinds of jobs in software industries. His way of looking at employees from Consulting company as SOFTWARE INSTALLERS.
Sorry for all friends who got rejected, We are being cheated and robbed.