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Mine is a complex case and I wanted to explain in detail on my situation. I was working with Employer A for a client. Employer A applied for my H1 Extension and there was a RFE (RFE based on LCA, they didn’t mention the correct work location on the LCA)on it for which he replied and then the H1 got denied.
Employer A then re applied for the H1 Extension on a nunc-pro-tunc basis, for which they received an RFE again. During this process, my I-94 expired and I was out of status, not working for the client, for about 3 weeks. Hence the RFE was, based on the employee-employer relationship, my stay in the US while I was out of status and the employer’s right to control my work at the client based on various reasons as listed below.
At this point, I left the country as I didn’t want to accrue illegal stay. I then approached Employer B, who filed a new petition, based on the same client. My client has agreed for me to work remotely during my stay in my home country(India).I have not told my client about all this instead, I just told them that I have to go for Visa Interview. Now, I have the H1 approved for 1 Year. In the approval confirmation email (Original I-979 not received yet) it is mentioned that the Chennai Consulate was notified. At this point, I have to go for Visa Interview. Based on my situation, here are the questions I have
I am a resident of Hyderabad, (State: AP). But in the approval email, as they have mentioned that the Chennai Consulate(Different State: TN) was notified. Do I have to go for Visa Interview at Chennai, or Do I have to take the interview in Hyderabad?
2. If the Visa Officers asks, why I was in the country out of status for about 3 weeks. Can I justify saying that my employer asked me to do so, and when I realized that my stay was illegal I left(Which is the fact)?
3. I have been working with the same client, while I was with Employer A and continuing work with the same Client while I am with Employer B? Employer used to run my payroll in the state where the Employer A is located and not in the state I was working. To my knowledge he didn’t change the LCA when I changed my project. If the VO officer asks me my start date with the client, Can I say that my start date is the date when the contract is starting with Employer B (even though I was working for the client since 1 year)?
4. What is the list of supporting documents that I need to carry to show the employee employer relationship?
5. What are the list of the documents that I need to carry to show the relationship between my employer and Client? Would Client letter be enough? (Mine is EVC model, and I have all the documents from my vendor)
6. My payroll with Employer B has not started as yet since my H1 would start from 1/1/2012, but I have been working for the client from India since 2 months? Employer B has said that he would pay me for my work in India once I come to the US? If the Visa Officer asks me about it, Can I say the same, that I would be paid once I come to the US?
Thanks!
Employer A then re applied for the H1 Extension on a nunc-pro-tunc basis, for which they received an RFE again. During this process, my I-94 expired and I was out of status, not working for the client, for about 3 weeks. Hence the RFE was, based on the employee-employer relationship, my stay in the US while I was out of status and the employer’s right to control my work at the client based on various reasons as listed below.
At this point, I left the country as I didn’t want to accrue illegal stay. I then approached Employer B, who filed a new petition, based on the same client. My client has agreed for me to work remotely during my stay in my home country(India).I have not told my client about all this instead, I just told them that I have to go for Visa Interview. Now, I have the H1 approved for 1 Year. In the approval confirmation email (Original I-979 not received yet) it is mentioned that the Chennai Consulate was notified. At this point, I have to go for Visa Interview. Based on my situation, here are the questions I have
I am a resident of Hyderabad, (State: AP). But in the approval email, as they have mentioned that the Chennai Consulate(Different State: TN) was notified. Do I have to go for Visa Interview at Chennai, or Do I have to take the interview in Hyderabad?
2. If the Visa Officers asks, why I was in the country out of status for about 3 weeks. Can I justify saying that my employer asked me to do so, and when I realized that my stay was illegal I left(Which is the fact)?
3. I have been working with the same client, while I was with Employer A and continuing work with the same Client while I am with Employer B? Employer used to run my payroll in the state where the Employer A is located and not in the state I was working. To my knowledge he didn’t change the LCA when I changed my project. If the VO officer asks me my start date with the client, Can I say that my start date is the date when the contract is starting with Employer B (even though I was working for the client since 1 year)?
4. What is the list of supporting documents that I need to carry to show the employee employer relationship?
5. What are the list of the documents that I need to carry to show the relationship between my employer and Client? Would Client letter be enough? (Mine is EVC model, and I have all the documents from my vendor)
6. My payroll with Employer B has not started as yet since my H1 would start from 1/1/2012, but I have been working for the client from India since 2 months? Employer B has said that he would pay me for my work in India once I come to the US? If the Visa Officer asks me about it, Can I say the same, that I would be paid once I come to the US?
Thanks!
