H1B stamping 221g documents help for admin processing


rkvis

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Hi,

I am working for an employer (IT consulting company). My H1B was approved on employer A company as EVC model. I am currently in stuck in India looking for solution to get out of this 221g issue to go back to US.

appointment date: 01/31/2017, mumbai consulate

VO issued me 221g slip and asking for 3 documents: Client Letter, Project Description, SOW contract agreement between employer/vendor and vendor/client

I already got letter from my client and client said project description is in SOW contract only so get it from vendor.

My employer is also very supportive in giving me contract between employer and vendor but my vendor is not giving me agreement between vendor/client. Vendor is saying that he can't give due to company policy.

As per the contract agreement between my employer and vendor, employer/employees can't go and talk to client directly.

Somehow by hiding from vendor I got client letter and my client is very helpful but if I tell them that vendor is not helping me at all then client will go to vendor and it's a non-solicitation of contract and they have already threaten my employer to sue them so they are also scared. So I am helpless in getting SOW contract between vendor and client.

The contract agreement between all is EVC model:

employer has two company: my H1B was approved on A company name but contract agreement with vendor is on subsidiary B company

for that my employer said we have a proof that shows both the companies are same and we can show that to consulate.

vendor has two company: A has contract agreement with my employer and subsidiary B has contract agreement with my client.

Vendor is not ready to give contract agreement between him and client, neither he is giving any document saying his A and B are the same company.

He backed off and not at all supportive...!! Don't know why?

But I still have vendor letter which I got from him when my employer filed my H1B.....can I use that instead of above two documents? It is on the name of my employer B company and vendor A company.

Client letter: Says that I am an employee of A company working for client where vendor is B company. 

I know it's all confusing but even I got to know this after I got 221g slip and when I started asking for required documents from my EVC.

My employer said that it's okay if vendor won't give an agreement between him and client, since we have client letter we are good and for detail project description I can use supporting documents which I have for the ongoing project work.

The only thing my employer is looking for is a letter that show that vendor A and B are same company but they are not giving it so that EVC model looks fulfill even without agreement between vendor and client.

Do you think my employer is working in right direction to get me out of it?

The only thing I am scared is the whole process delaying my project work. Any suggestion/help on what should I do to submit 221g documents?

 

Thanks in advance..!! 

 

 

 

 

 

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