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dream16

221g chance: Vendor/Client Letter/Amendment: plz advice(urgent)

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Hi Guys.

Model: EVC

Need: First time h1b stamp

Valid: H1b valid till 2014

Degree: From US

I will get vendor letter from the vendor i am working through. My vendor letter will say that yes my employer can hire/fire me and has control over me.

I have obtained the client letter. My client letter mentions clearly that i work through Vendor A and i am an employee of Employer B working at client since Month XYZ of 2010 and provides service as a "my job title". It also says: It is an ongoing project with likely extension. [PLEASE NOTE THAT THEY DO NOT MENTION ANY END DATES].Then the client letter mentions my roles and responsibilities.

I will have to get my h1b petition amendment done as i moved to client [2] when my h1b started and my original approval was for client [1]. So i need to pay all expenses for that sadly to the employer and i don't know if USCIS will again give me a 3 year h1b or not :( [in US itself, chances of denial are also there as questions can be raised on why was your h1b not amended when you shifted to client[2] and only LCA was updated]

+ i will get all the regular documentation like: paystubs/w2/i-797/i-129/state wage report/embassy letter/my educational credentials/LCA etc from employer.

I dont have the Purchase Order right now. If i do take it, it must have at-least another 6 months listed on it and say likely extensions? or just likely extensions is enough?

Questions:

1. What are my chances of getting a 221(g) now?

2. Will going to Canada be of much importance (apart from a quicker response time)? + misc expenses to stay there

3. What other documents can i take to get this stamping?

4. Will there ever be a good 'safe' time when we can get stamping done easily [stupid q: as i myself do know that the chances are bleak that this economy will improve]

5. Do i not take this pain entirely and change to a Full-time Job or EC model ? [this means another pain of loosing out on existing $ + employer tactics of not paying $ + more wait to go to India to take care of urgent family issues + wait for 2-3 pay-stubs etc + VO asking @embassy: why you changed employers etc_more scrutiny :( ]

I am having sleepless nights for last 40 days now and really worried about waking up in India one morning w/o stamp and broken dreams. Please advice experts. It's only our unity and expert opinion that will help us go through these hard times [for which we are not even responsible]

Thanks.

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See my personal opinion inline...

Hi Guys.

Model: EVC

Need: First time h1b stamp

Valid: H1b valid till 2014

Degree: From US

I will get vendor letter from the vendor i am working through. My vendor letter will say that yes my employer can hire/fire me and has control over me.

I have obtained the client letter. My client letter mentions clearly that i work through Vendor A and i am an employee of Employer B working at client since Month XYZ of 2010 and provides service as a "my job title". It also says: It is an ongoing project with likely extension. [PLEASE NOTE THAT THEY DO NOT MENTION ANY END DATES].Then the client letter mentions my roles and responsibilities.

I will have to get my h1b petition amendment done as i moved to client [2] when my h1b started and my original approval was for client [1]. So i need to pay all expenses for that sadly to the employer and i don't know if USCIS will again give me a 3 year h1b or not :( [in US itself, chances of denial are also there as questions can be raised on why was your h1b not amended when you shifted to client[2] and only LCA was updated]

+ i will get all the regular documentation like: paystubs/w2/i-797/i-129/state wage report/embassy letter/my educational credentials/LCA etc from employer.

I dont have the Purchase Order right now. If i do take it, it must have at-least another 6 months listed on it and say likely extensions? or just likely extensions is enough?

Questions:

1. What are my chances of getting a 221(g) now?

-- Toronto is not at all rosy now a days. I would say its a 50:50 chance unless you work for a full time position.

2. Will going to Canada be of much importance (apart from a quicker response time)? + misc expenses to stay there

-- I would strictly say NO, unless you have an option to work from home. Otherwise it puts a lot of stress both mentally and financially.

3. What other documents can i take to get this stamping?

-- Not sure on this. I guess pretty much you have all necessary docs.

4. Will there ever be a good 'safe' time when we can get stamping done easily [stupid q: as i myself do know that the chances are bleak that this economy will improve]

-- I don't think so.

5. Do i not take this pain entirely and change to a Full-time Job or EC model ? [this means another pain of loosing out on existing $ + employer tactics of not paying $ + more wait to go to India to take care of urgent family issues + wait for 2-3 pay-stubs etc + VO asking @embassy: why you changed employers etc_more scrutiny :( ]

-- Not to disappoint you, but EC model doesn't guarantee anything at all. I am on EC with state govt as my client. Waiting with 221 g yellow from 3 weeks.

I am having sleepless nights for last 40 days now and really worried about waking up in India one morning w/o stamp and broken dreams. Please advice experts. It's only our unity and expert opinion that will help us go through these hard times [for which we are not even responsible]

Try to relax. Spending sleepless nights is going to do no good for your health. Forget about the things that are completely out of control.

Thanks.

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Now a days Consulate's in India are very specific about Neufeld memo (Employee - Employer relationship). So you need to convince VO that your employer is just not a staffing agent and your employer has hold on project wroking for the client. As such in EVC model you should be very careful in establishing these things. I think Consulates in Canada are little bit lenient about Neufeld memo as because I'm seeing apporvals for EVC model, but at the same time a risk is also involved here. Some people got struck in Canada for more than a month by 221g irrespective of the model (EVC,EC & full time) and eventually some people ended up with rejection, but definitely 221g processing time is less in Canada when compared to India. I suggest you to have any one of the following backup plan and visit India for stamping

1. Ask your Vendor or Client that they can file H1 if something goes wrong with your stamping.

2. If you have an option of working from offshore, then ask your Client for working from offshore if your visa gets delayed by 221g.

3. Look out for a job or set up business in India if nothing works out with your visa.

Be confident, go for stamping... rest everything leave on god.

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Thanks svadala.

So even if i change employers (a highly pain-staking drama), nothing is certain even with the amendment done :-(

Thanks tar53: I guess Canada isn't a cake-walk either, only the few early lucky one's escaped through, also need to figure out where i will breathe in Canada if stuck, my vendor's already crying and saying: don't go, client = useless, offshore= was never an option, 3rd one is the hardest.

Thanks !

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