Applying for H1B transfer for getting 221g

[rohit666]

Applying H1B transfer after getting 221g yellow slip

I recently went to visa on December 12th and got 221g yellow slip with E-V-V-C( Employer- vendor- Prime vendor-Client) model. My case has been sent back to USCIS for further review because the visa officer was not satisfied with the employee employer relationship. As i was told that this USCIS review process is going to take several months i decided to transfer my H1B to prime vendor of my client so i will be in E-C model.

I'm in process of doing this but i want to know what will impact of my old petition on my new transfer ?
what measure have to be taken ?
Did any one come across such situation? If so was you visa approved the 2nd time after H1b transfer?

Please share your advices and experiences.

[shervin143]

There will be no impact. You are allowed to transfer the petition and attend the vsia interview again.

[rohit666]

Thanks for the response Shervin but my attorney thinks that even if i get my H1b transfer and go for a fresh visa interview there is a chance of getting 221g again. That is why i'm worried. As my previous visa visit details will be in the database of the US Consulate i guess he would definitely ask me about it.

The consular officer clearly mentioned that he was not satisfied about the employee employer relationship and asked USCIS to revoke my H1B at present case.

So please suggest me if there is a chance of getting 221g again when i go for a new visa after H1 transfer.

[shervin143]

Your previous denials will certainly be in their system and it will be referred in all your future visa interviews. There isn't anything that you can do about it. But, the reason for the denial is very clear. It is because of the multiple layers and about the employee-employer relationship. If you directly join the Vendor and start working for the client, you have taken down two layers and your chances of a successful stamping the next time is high. No one can predict whether you will get a 221g again or not. That can even for a different reason. There are lot of cases similar to yours who have successfully got their visa stamped after transferring the petition and taking out multiple layers.

[rohit666]

Thanks a lot shervin.

That is it i need. I want to know the success rate after removing the layers. Right now i'm transfering my H1 directly to the Prime Vendor and it will be Employer -Client model.

I have few more questions

1) Will the H1B transfer be succesfully approved irrespective of the present case( As my present case is sent back to USCIS for further review and considering everything is perfect in the E-C model) ?

2) I want to know if i can choose chennai consulate now instead of hyderabad as i had a bad experience in my hometown hyderabad?

3) Consulate officers are stressing more on work being reviewed at client location. My client itself is doing consulting and obviously they kept me because they like me and have full support from them. I dont know why they stress on work review when i have all the proofs ( paystubs and client letters).

[shervin143]

1) Will the H1B transfer be succesfully approved irrespective of the present case( As my present case is sent back to USCIS for further review and considering everything is perfect in the E-C model) ?
>>> No one can predict whether your transfer will get approved or not. As long as the documents are in order, then transfer should go through fine. Your previous H1B revoke will not have any impact on the transfer.

2) I want to know if i can choose chennai consulate now instead of hyderabad as i had a bad experience in my hometown hyderabad?
>>> Yes.

3) Consulate officers are stressing more on work being reviewed at client location. My client itself is doing consulting and obviously they kept me because they like me and have full support from them. I dont know why they stress on work review when i have all the proofs ( paystubs and client letters).
>>> Read the memo in employer/employee relationship. When you have multiple layers, your employer is just someone who process your payroll and they have no control on the work that you do. In fact, they wouldn't even know what kind of work that you do at the client place. All that they do is get the timesheet, bill the client, take a cut and pay you the rest. USCIS is strict on these employers.

[rohit666]

Thanks a lot Shervin for the replies

[rohit666]

Is there any one i can talk to who had similar case and got successful visa stamping ?

As this Prime vendor is new employer and i haven't worked with him before directly and no paystubs with him.

What will the potential questions i would face in such case ?

[krishna1234]

Hi,

even, i got 221g. because of the employer - employee relationship.
Please, can you send me your details to talk more. my email is bkrishna2001@zmail (replace z to g). I am from Hyd.