H1BAnonymous

H1B Visa Application withdrawn Pursuant to 22CFR 41.122(h)(3) at Port of Entry 212 (a)7(A)(i)(i)

16 posts in this topic

Hi, 

I was made to withdraw my H1B visa application at Port of Entry and returned back to home country. Below is the statement mentioned in the document given by the immigration officer.

"Subject cannot overcome the presumption of an intended immigrant and was allowed to withdraw her application for admission. Subject was working for 'A' client as a fourth party. Her petitioner 'D' was not directly contracted by 'A' client' or has a relationship with them, therefore xxx candidate is performing work for an unauthorized employer at this time, she was allowed to withdrawn under the provision of 212(a) 7(A) (i) (i) of the immigration and naturalization act. Subject was advised to obtain a new US visa for further travel to the united states. "

 

Here is my situation:

A - Client (I work at this location)

B - Implementation Partner (Even the whole team works at the client 'A' location)

C - Vendor 

D - My employer

I work for my employer 'D' who had contract with Vendor 'C' and the vendor supplied me to Implementation partner 'B'. I work for a end client's'A' project at client 'A' location along with the Implementation partner 'B' team. 

But the immigration officer said that it is an unauthorized service, as my employer'D' doesn't have contract/relationship with the end client 'A' and they revoked my H1B visa saying that there multiple layers and asked me to obtain a new U.S visa for further travel to U.S.

Questions:

1) Is this is a valid reason to revoke my visa?

2) Is there any way to reopen my case and justify this? 

3) Does it mean that I have to a file new H1B petition and upon approval have to attend Visa interview or just attending Visa interview is fine?

4) Please suggest me what are the possible options for me to enter U.S on H1B.

Quick Response would be really appreciated!

 

Thanks!Capture.pdf

 

 

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No employer-employee relationship. Your employer has to be able to direct your work, which is pretty much never possible with multiple layers. Find a better employer, and avoid anything with middle vendors.

 

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Sorry to hear about your situation. You need to consult an immigration attorney. Having multiple layers is always risky.

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Ordinarily the POE Officer will have no idea or specifics about every H1 employees job situation. The scenario suggests the employer has been flagged by USCIS.

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This cannot be the case in general.

There are hundreds of high skill people working in EVC model which is legal.

There should be more rational behind asking for withdrawal of H1, may be person donot have enough documents to convince or anything else.

Provide some more information.

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Did you provide any documentation like Client letters, that prove the relation between all the parties involved? Or did they ask for any documents?

Whatever may be the case, you cannot be punished for the setup, as you have everything valid from your end.

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21 hours ago, AnonymousKK said:

Can you please provide some information on which airport did you have the immigration?

This topic needs to be flagged.  This article is intentionally created to start a rumor ."Employer - Employee" relationship rule never says that a employee cannot be placed at third party site. There are many way to support this relationship even though a vendor is present. Getting a client letter is one of the way. Since president Trump took over the office these types of rumors started to spread.

Employees Please do not believe in this article.

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18 hours ago, Kotvir said:

This cannot be the case in general.

There are hundreds of high skill people working in EVC model which is legal.

There should be more rational behind asking for withdrawal of H1, may be person donot have enough documents to convince or anything else.

Provide some more information.

The only reason mentioned by the officer is that there is no direct relationship between Client and Employer. He verified all the supporting documents which clearly explains relationship between each party ( Between Employer and Vendor, Vendor and Implementation Partner, Implementation partner and Client ). 

I have provided End client letter, letter from implementation partner, letter from vendor and all docs from employer.

Note: No issues with employer. All the documentation from employer side looks perfect.

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Which Airport /POE ?

Did you client manager/Employer were contacted from POE ?

Did u had supporting letters from  all the below parties stating you work for them or their respective clients ?

A - Client (I work at this location)

B - Implementation Partner (Even the whole team works at the client 'A' location)

C - Vendo

 

 

Thanks

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someone close to me faced the same situation, and I can confirm this is definitely not a rumour,  he had letter from all the parties, client,  implementation partner, vendor and employer   the officer had said we cannot have 4 levels (EVVC ) other than that there was no other concern.

Edited by neelred

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On 1/25/2017 at 0:46 AM, H1BAnonymous said:

Hi, 

I was made to withdraw my H1B visa application at Port of Entry and returned back to home country. Below is the statement mentioned in the document given by the immigration officer.

"Subject cannot overcome the presumption of an intended immigrant and was allowed to withdraw her application for admission. Subject was working for 'A' client as a fourth party. Her petitioner 'D' was not directly contracted by 'A' client' or has a relationship with them, therefore xxx candidate is performing work for an unauthorized employer at this time, she was allowed to withdrawn under the provision of 212(a) 7(A) (i) (i) of the immigration and naturalization act. Subject was advised to obtain a new US visa for further travel to the united states. "

 

Here is my situation:

A - Client (I work at this location)

B - Implementation Partner (Even the whole team works at the client 'A' location)

C - Vendor 

D - My employer

I work for my employer 'D' who had contract with Vendor 'C' and the vendor supplied me to Implementation partner 'B'. I work for a end client's'A' project at client 'A' location along with the Implementation partner 'B' team. 

But the immigration officer said that it is an unauthorized service, as my employer'D' doesn't have contract/relationship with the end client 'A' and they revoked my H1B visa saying that there multiple layers and asked me to obtain a new U.S visa for further travel to U.S.

Questions:

1) Is this is a valid reason to revoke my visa?

2) Is there any way to reopen my case and justify this? 

3) Does it mean that I have to a file new H1B petition and upon approval have to attend Visa interview or just attending Visa interview is fine?

4) Please suggest me what are the possible options for me to enter U.S on H1B.

Quick Response would be really appreciated!

 

Thanks!Capture.pdf

 

 

In your statement above " Her petitioner 'D' was not directly contracted by 'A' client' or has a relationship with them ", what sort of document(s) did you produce to show the relationship between all the entities?

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On 1/25/2017 at 2:46 AM, H1BAnonymous said:

Hi, 

I was made to withdraw my H1B visa application at Port of Entry and returned back to home country. Below is the statement mentioned in the document given by the immigration officer.

"Subject cannot overcome the presumption of an intended immigrant and was allowed to withdraw her application for admission. Subject was working for 'A' client as a fourth party. Her petitioner 'D' was not directly contracted by 'A' client' or has a relationship with them, therefore xxx candidate is performing work for an unauthorized employer at this time, she was allowed to withdrawn under the provision of 212(a) 7(A) (i) (i) of the immigration and naturalization act. Subject was advised to obtain a new US visa for further travel to the united states. "

 

Here is my situation:

A - Client (I work at this location)

B - Implementation Partner (Even the whole team works at the client 'A' location)

C - Vendor 

D - My employer

I work for my employer 'D' who had contract with Vendor 'C' and the vendor supplied me to Implementation partner 'B'. I work for a end client's'A' project at client 'A' location along with the Implementation partner 'B' team. 

But the immigration officer said that it is an unauthorized service, as my employer'D' doesn't have contract/relationship with the end client 'A' and they revoked my H1B visa saying that there multiple layers and asked me to obtain a new U.S visa for further travel to U.S.

Questions:

1) Is this is a valid reason to revoke my visa?

2) Is there any way to reopen my case and justify this? 

3) Does it mean that I have to a file new H1B petition and upon approval have to attend Visa interview or just attending Visa interview is fine?

4) Please suggest me what are the possible options for me to enter U.S on H1B.

Quick Response would be really appreciated!

 

Thanks!Capture.pdf

 

 

Were you on F1 and switched to H1B? And did your GC process start - PERM or 140 got approved? Reason highlights subject cannot overcome presumption of an intended immigrant.

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This guy was purely violating employee employer relationship. EVVC model is fully violating h1b rules

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