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Visa
H1B, H4 Visa
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H1B revoked/additional docs asked (221G)
Heres how the interview went.
VO:Name of ur employer?
ME:A INC
VO: Title?
ME: Programmer Analyst
VO: Where do you work?
ME:Client location.
VO: Whos the client?
ME: C Group
VO: Client location? Employer location?
ME: X City, Y City
VO: Is there a contract between A n C?
ME: Yes
VO: Do u have the contract with u?
ME: No
VO: Is there a mid-vendor?
ME: Yes
VO: Name?
ME: B company
After this the VO asked me lots of questions regarding involvement of my employer at the client site.
I tried my best to satisfy him.
He asked me about the interview process and was I given any training?How was the training given?
After half an hour of questions the VO told me:
VO:Heres whats happening over here.
This is a clear case of Loss of Control.
Ur employer does not have control over u as he should as per the H1b laws.
Let me tell u one thing,A INC does not have any contract with C Group. A INC may have a contact with B, and B may have a contract with C, however this is not acceptable as per H1b laws.
B tells C that you r an employee of B (however u r an employee of A) to save taxes (illegal way to save taxes).
Now u have 2 choices:
Option 1: Write me a letter saying I am withdrawing my H1b petition and I will never work for A Inc.
Advantages: If tomorrow B or C offers u direct employment, u can accept it and a new H1B can be processed.(This H1B wont be in pending status as u have withdrawn it)
Option 2: I am gonna write a letter to DHS (US Visa authority) asking them to revoke ur H1, and u need to provide additional documents as mentioned in this 221G letter.
I am sure ur employer wont b able 2 provide all these documents.
Anyways if he does, all ur documents and my request to revoke ur H1 will be sent to DHS.
As per my experience there is a 75% chance DHS is gonna revoke ur H1.
Any which ways DHS has a lot of applications to reveiw any it may take upto 5 months for them to accept/revoke ur H1, during this period ur H1 will be in pending status and u can cannot file H1 for a different employer.
Option 1 or Option 2,U have to decide now!!!!!
VO:Name of ur employer?
ME:A INC
VO: Title?
ME: Programmer Analyst
VO: Where do you work?
ME:Client location.
VO: Whos the client?
ME: C Group
VO: Client location? Employer location?
ME: X City, Y City
VO: Is there a contract between A n C?
ME: Yes
VO: Do u have the contract with u?
ME: No
VO: Is there a mid-vendor?
ME: Yes
VO: Name?
ME: B company
After this the VO asked me lots of questions regarding involvement of my employer at the client site.
I tried my best to satisfy him.
He asked me about the interview process and was I given any training?How was the training given?
After half an hour of questions the VO told me:
VO:Heres whats happening over here.
This is a clear case of Loss of Control.
Ur employer does not have control over u as he should as per the H1b laws.
Let me tell u one thing,A INC does not have any contract with C Group. A INC may have a contact with B, and B may have a contract with C, however this is not acceptable as per H1b laws.
B tells C that you r an employee of B (however u r an employee of A) to save taxes (illegal way to save taxes).
Now u have 2 choices:
Option 1: Write me a letter saying I am withdrawing my H1b petition and I will never work for A Inc.
Advantages: If tomorrow B or C offers u direct employment, u can accept it and a new H1B can be processed.(This H1B wont be in pending status as u have withdrawn it)
Option 2: I am gonna write a letter to DHS (US Visa authority) asking them to revoke ur H1, and u need to provide additional documents as mentioned in this 221G letter.
I am sure ur employer wont b able 2 provide all these documents.
Anyways if he does, all ur documents and my request to revoke ur H1 will be sent to DHS.
As per my experience there is a 75% chance DHS is gonna revoke ur H1.
Any which ways DHS has a lot of applications to reveiw any it may take upto 5 months for them to accept/revoke ur H1, during this period ur H1 will be in pending status and u can cannot file H1 for a different employer.
Option 1 or Option 2,U have to decide now!!!!!
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