H1-B Refusal 221(g)-GreenSlip

[jogeo555]

Hello Friends,

I need a help from the experts over here. This is regarding H1-B Visa Stamping.

My Brother went for Visa Interview at the Chennai Consulate yesterday and got denied under 221(g). He has been asked to drop the documents mentioned in 221(g) green slip at Hyderabad VFS Office.He resides in Hyd. It is also written on the slip "no passport".

221(g) asks my Bro. to submit all the foll .documents related to Petitioner like

1. Pettition with all supporting docs as filed to USCIS (AVAILABLE)

2. A copy of the Employment Contract signed by you and the petitioner (AVAILABLE)

3. A notarized list of all the Petitioner's employees of the jobsite listed.

Question: My Bro's Employer is a IT Consulting firm and they do staffing only. They have close to 100 Consultants and each of them are placed in different sites. There is only a very rare chance that my Bro. would also join the same Job Site as his employer's other employees. There is no specific job site for my Bro. at this point of time.He has to come to USA first and then he has to attend Client interviews and find a project. In this scenario where he don't have a job site as of now, what to do with requirement#3?

4. State Unemployment Wage Reports (AVAILABLE)

5. A copy of contract between the Petitioner and the job site (the location where you will actually work)

QUESTION: His Employer is a staffing firm and they normally do Corp-to-Corp contracts with other Staffing Majors (Preferred Vendors to the Client). In this case how can the employer satisfy this requirement?? Will a contract between any of these preferred vendors to the client do the job or you need to have a direct client??

6. A letter(on letterhead)from the personnel Dept. at the US job site stating that there is a vacancy for you

QUESTION: Client site is unknown since bro. has to come to US first and search for a project. How can you get this?

7. A letter from the Client Company sponsoring the project and a copy of the contract between the US based petitioner and the Client company, stating the timing, terms and agreement of the project.

QUESTION: Isn't this same as Req#5???

8. A detailed and specific description of the internal development Project to which you will be assigned. Include a complete technical description of the project,employer, timeline, current status,number of employees assigned,worksite location and marketing analysis for the final product.

QUESTION: Isn't this Requirement contrary to Req#5 and Req#7. 5 and 7 talks about Client site projects and for a staffing firm this is valid. However Req#8 speaks about Internal Projects.Staffing Firm can't have internal projects. Both Can't go together I believe. What should we do?

Kindly shared your knowledge on the above topics and please give your valuable suggestions on how to cope with this 221(g) in the context of a IT Staffing firm.

Many Thanks,
Joe

[orion]

You need to have a real job. You dont have one, and thus all these questions.

[jogeo555]

But this is the Business Model of IT Consulting/Staffing Companies. They will be able to place once the candidate is in USA. Client needs people who are in USA. They wont be liking to interview or talk to a person who is outside USA. This is a helpless situation. Please advice.

[orion]

This may be the way these companies work, but the requirement for H1 visa is beyond that. These consulting companies may have been getting away with it until now, but USCIS is not the same anymore with fraud rampant. You need to have a job before you land, that has been the rule always. They are not real companies, they dont have real jobs, they are agents or middlemen to **** up requirements to get a visa and to get you in the US (and then to suck your blood out of your earnings). Thats not sufficient anymore. Thats what is the bottomline of 221g that you got.

[jogeo555]

I respect your opinions. But remember the petition is approved by the same USCIS. I am looking for a solution as of now.

[orion]

Petition is approved based on information you provided, assuming your company has a job for you - which is not true. But the US consulate knows this and that the employer is only a staffing firm, so they need proof that you have a genuine job before they issue you a visa. The solution is work with your staffing firm to find a real job with a real company and get these documents and drop them as instructed in 221g.

[jogeo555]

The Candidate has job and the company is going to pay him from the very first day he is in USA. The candidate is not looking for a job. His company is just looking for a project. Whether he has a project or not, he will be paid by the company as per the offer letter. All big Consulting Companies like Accenture, IBM all work in the same model.

Also which end-client sponsor H1-B these days. These clients never take the pain of applying for H1-B which is a difficult recruitment area. This needs lot of foreseeing.They don't want the head ache of finding the right candidates, applying for petitions,attorneys, law firms, responding to USCIS queries, preparing the candidate for Visa Interview etc etc. Also IT staffing/Planning for these big end clients happen all of a sudden and they heavily depend upon these staffing companies to provide Consultants.

Don't understand why Consulate asks for Client job contract. Consulate should understand that end-clients won't even look at the resume of a candidate who is not in USA. How can the client be sure that he will finally get into USA. Consulate should consider the difficulties for a H1-B candidate and should not insist on so much formalties if the candiate and company are genuine.

[txh1b]

All big Consulting Companies like Accenture, IBM all work in the same model.

AFAIK, all these companies do recruit and bring a person onboard only if they have a specific end client requirement for a particular skill unlike the small consulting companies that are ready to hire anyone with A(BAP) to Z(/OS) skills and then market them in the US. There is a difference, a huge one and consulates abroad have become aware of this.

[orion]

Unfortunately there is no complaints/suggestion box outside US Consulates or I'd have printed your grievances and dropped it in

[parthan]

Don't understand why Consulate asks for Client job contract. Consulate should understand that end-clients won't even look at the resume of a candidate who is not in USA. How can the client be sure that he will finally get into USA. Consulate should consider the difficulties for a H1-B candidate and should not insist on so much formalties if the candiate and company are genuine.

Not true, all of our company's people who went to USA attended client interview at our India development center.

The employer is responsible for all the documents you mentioned, you don't need to worry.

[aarths]

I have same situation goin on

The USCIS does not know , prefered vendor, 3rd party vendor, Client.
So 5) contract between H1B sponsoror (3rd party vendor) & Client (Big Org US Based) - give a detailed explanation to the US Consulate on how things work in a letter to the [email protected] followed by explanation over the phone (there's just this one person over phone and explaining to this person seldom works). Make a strong email explanation, which I am also planning on doing.

6) Client Invite with Letter head -- This is held by the prefered vendor who is between the 3rd party and the Client. The prefered vendor will never give this to us as he will not believe in anybody. Helpless situation, only God can help us. Try to get the letter from P vendor and produce it.

All of the above documents mentioned if read carefully are distinct and different. I think 2,3, 4 are explanatory if you go through carefully.
3rd party vendors - Unemployment wage report (NOT UC Insurance report), holy vendors !

people listed with 3rd party vendor, your H1B sponsorer (NOT with Client / prefered vendor)