H1 on additional processing due to client managed project

[immigrant2011]

Hi,

I appeared for my H1B stamping in New Delhi consulate and had very unusual experience. I am working in US from past more then 5 years with the same employer and had all the paperwork including client letter, but VO did not asked for any of those documents. Following were the questions i remember that VO asked:

Q.What do you do for employer (company x)?
Ans: Currently i am working for client XYZ of company x.

Q. What is your designation?
Ans: answered as per petition.

Q. Whom do you report at client location?
Ans. person A.

Q.Whom do you report at your employer?
Ans. Person B

Q. How often do you report to your employer?
Ans. Approx once in a month.

Q. Who provides laptop for work?
Ans. Client provides the work laptop.

Q. Who approved your vacation?
Ans. My Client Manager as well as my employer approved the vacation.

Q. Who does your appraisal?
Ans. Client does the appraisal and report to employer.

Q. Show me your petition documents(I-129, LCA, DOL document)?
Ans. provided all the documents.

At the end VO sayed she don't think that i can get the visa stamped, due to the reason that i am being managed by client. She returned the passport and sayed there needs to be additional review of documents done, but she is not much hopeful that i can get the visa.

Please help me out what are my options, as i have all the genuine documents up to date paystubs.

Are there hopes of me getting the visa approved?

for how long should i wait to hear from consulate?

Can i take another appointment for the same petition?

Thanks in advance.

[shervin143]

At the end VO sayed she don't think that i can get the visa stamped, due to the reason that i am being managed by client. She returned the passport and sayed there needs to be additional review of documents done, but she is not much hopeful that i can get the visa.

Please help me out what are my options, as i have all the genuine documents up to date paystubs.
>>> Even though you have all the genuine documents, the problem here is the employer-employee relationship. From your answers, the VO would have got the impression that you are not been controlled by your employer.

Are there hopes of me getting the visa approved?
>>> No one can predict. You need to wait and watch.

for how long should i wait to hear from consulate?
>>> Again, no one can predict. The time that will take to resolve a 221g differs from case to case.

Can i take another appointment for the same petition?
>>> No. That is not allowed. If you do that, they will just issue you a 221g again stating that the case is still under review.

[immigrant2011]

Thanks for the response.

But I didn't got 221G. VO just took my I-129, LCA and DOL documents and returned our passports.
VO did not provide us any form or anything.

Is there any way to track status of our case?

Thanks again.

[shervin143]

Wait for some more time and call VFS helpdesk. They will be able to provide you wiith a tracking number to track your case online.

Thanks for the response.

But I didn't got 221G. VO just took my I-129, LCA and DOL documents and returned our passports.
VO did not provide us any form or anything.

Is there any way to track status of our case?

Thanks again.

[immigrant2011]

Thanks Shervin. So can i consider my case as 221g or it is just on hold for additional verification? As they never issued me any form and returned my passport as well.

[shervin143]

If it is taking time, that means your case is under admin processing. They issue 221g for admin processing cases. Since they did not issue you one, if you call VFS help desk, then can probably help you with tracking your case status online.

Thanks Shervin. So can i consider my case as 221g or it is just on hold for additional verification? As they never issued me any form and returned my passport as well.

[immigrant2011]

thanks Shervin. I will call VFS to find out the tracking number and will get in touch with my immigration attorney to see if they can work with consulate or can provide additional documents directly to consulate to prove employer/employee relationship.

[immigrant2011]

After many follow-ups with VFS finally i received following email from VFS(New Delhi)

"As per the US Embassy in accordance with United States law and Department of State guidelines, action on your case has been suspended, and I-129 Petition for a nonimmigrant worker filed on his behalf will soon be returned to the KCC with a memorandum explaining facts of his case as presented at the time of his interview. Once KCC receives the petition, it will return it to the approving office of the United States Citizenship and Immigration Service (USCIS) for review and possible revocation. Please direct all future inquiries regarding this case to the approving USCIS office. "

Does that means my case has been rejected and my H1B will be revoked?

Is there any way by which my attorney can send additional documents or further clarifications to KCC or USCIS to avoid the revocation?

Is there any appeal procedure in case revocation happens?

Thanks in advance for your continuous support.

[shervin143]

Does that means my case has been rejected and my H1B will be revoked?
>>> No. The petition is sent back to USCIS for review. You need to wait until yu hear back from USCIS.

Is there any way by which my attorney can send additional documents or further clarifications to KCC or USCIS to avoid the revocation?
>>> The attorney will need to follow up with USCIS on this.

Is there any appeal procedure in case revocation happens?
>>> Yes, but that will take its own course of time. When an MTR is filed it even takes year or year and half to get a response on the MTR.

[immigrant2011]

Thanks Shervin for the quick response.

I have an option to work remotely from India, as i was allowed to bring my work laptop from client. Should there be any problem if i continue working and my payroll remains active with the same employer and client?

[shervin143]

No issues.

Thanks Shervin for the quick response.

I have an option to work remotely from India, as i was allowed to bring my work laptop from client. Should there be any problem if i continue working and my payroll remains active with the same employer and client?

[immigrant2011]

Thanks Shervin.

[immigrant2011]

Since i haven't received any postal/electronic mail from US Consulate and have only got communication from VFS, would it be a good idea to go to New Delhi Consulate and get the status of the case.

Also to begin with do New Delhi consulate has any information window/helpdesk to get such information?

[shervin143]

They will not let you in without a visa appointment. Your only option is to check with VFS helpdesk or write to the consulate directly. VFS is consulate's helpdesk.

Since i haven't received any postal/electronic mail from US Consulate and have only got communication from VFS, would it be a good idea to go to New Delhi Consulate and get the status of the case.

Also to begin with do New Delhi consulate has any information window/helpdesk to get such information?

[immigrant2011]

Thanks Shervin for your help as always.