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H1B Visa Stamping issue at Mumbai Consulate

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  • H1B Visa Stamping issue at Mumbai Consulate

    Hi All,
    I had interview 2 weeks back. She asked me few question like who is my employer, who is client, what is the name of client's supervisor, do you have any subcontract in between you and client? So i gave all the answer. My hierarchy is My Employer => Vendor => Client. So she asked me the contract document between my employer and vendor. I gave Purchase order between these 2 company and finaly at the end of the interview she gave me 21g form and asked me to submit all the documents (Company W2, income tax, notorized list of all employee, compny balance sheet, my w2, income tax, bank statement and education document). I had all the documents at the time of interview so I told her that I have the documents then she she asked me to submit all the document and told that consulate will email you in 1-2 weeks.
    Next week I got a email asking to come with passport and contract document between vendor and client. I showed her the letter received from vendor, Client's security badge and PO between vendor and employer. She just overlook the document and said that you are working through subcontract and this is not allowed as per the US immigration law. I told her that my petition is also approved for subcontract as I am working at client site. Then she told that because of subcontract, your employer will not have control on you. I replied that my employer has full control on me. Vendor also mention in their later that they or client can not assign me any additional work without notifying to my employer. She also told that I know you are working at client site and your documents are ok but subcontract are not allowed. Finally she told that either I have to withdraw my petition or revoke. I told her that I will talk to my employer and then get back to you. So she gave me 221g form and told that I have to come in person and tell my decision.
    So my question is what options do I need to choose, Withdraw petition or revoke? What exactly will happen if I choose any one of these options? I believe if I choose any one option ultimately mu H1B will be cancel so what are the other options I have?

    Please help me out as I am stuck here in India.

    Thanks
    Swapnil

  • #2
    Hi

    I am facing more or less the same issue...what did you do?

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    • #3
      CHD - What did they ask you? did they ask you to submit any documents? can you explain in details about your issue.

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