kkdk Posted July 17, 2011 Report Share Posted July 17, 2011 Hi Recently I have visited India. I have to get my H1 renewal stamping. I am working for a client 'Z' throuh a pass through vendor 'Y' of my employer 'X'. While filing my I-129 petition with USCIS my attorney forgot to submit the employer-vendor-client relation document(sub-contracts). It was filed as I am employee of Employer X and will be working for him. Now when I attended the interview I was asked the question if I am working for a client, for which I told yes and submitted the client letter as well. But he kept my case in pending under section 221(g) asking for employer-vendor-client relation document which was missing while visa interview. Later I submitted the document to consular office. After few days I got a reply from them stating that the action on my case was suspended and the I-129 petition for a Nonimmigrant Worker filed on my behalf was returned to USCIS and will await its judgment on whether or not the petition should be reaffirmed. This has happened because the I-129 petition which was filed says I employee of employer 'X' but it is missing the employer-vendor-client relation document. Because of this conflict my case was sent to USCIS for re-verification. Note: In the visa interview the consular officer informed me that we might have to refile a new petition with all appropriate documents if the case is not convincing. Now what are my options: 1) Can I file a revision petition to USCIS with employer-vendor-client relation document(sub-contracts) and just wait for USCIS to send its response to take further action? Which I think is going to take for ever...(atleast 6 months as they have to take up my case and then verify and send reply to US consulate and then they have to take my case and proceed ..... And what if USCIS asks to reaffirm the petitio after all these waiting time ?). I suspect my client wouldn't be happy to hear this. 2) Can my employer 'X' file entirely new petition including all the documents? Would that be fine in this situation when my current case is still in suspension in US consulate office? 3) Can I file a new petition through my vendor 'Y' ? Link to comment
Coolbuddy0311 Posted July 18, 2011 Report Share Posted July 18, 2011 First option is not viable. Second option is also risky bcoz u r going with d same employer whose earlier petition is sent back 2 Uscis. Third option is d best if d vendor is ok file to ur case bcoz there won't be any vendor in between. If the vendor is not inclined to do so, approach a new employer to file ur case with d same client thru d same vendor. Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.