h1b visa refused at Hyderabad on pretext of Employee Employer Relationship not maintained

[hellomahesh]

Hi,

One of my friend came on a month's vacation to Hyderabad,India; visa renewal was due; had all documents in order including client letter; worked for over 1 years with same employer and client, but still visa was refused at Hyderabad consulate on pretext that Employee-Employer relationship not maintained.

What are the options to contest? Has anyone experienced the same / what are the chances of getting positive outcome?

Thanks in advance.

[vidhya18]

@ Mahesh ,

Can you please tell us if your friend is on EC /EVC model ?

Thanks ,

Vidhya

[hellomahesh]

@ Mahesh ,

Can you please tell us if your friend is on EC /EVC model ?

Thanks ,

Vidhya

EVC

[AxialTilt]

He might have told answer as 'yes' to the question, 'does your client assign you daily job duties?'

That's how I got screwed 4 months back, and most of the others are screwed as well. You need to say your employer has a manager at the client site who controls your work activities. Some VO's buy that, some don't. EVC always a risk.

Get a direct client job or a fulltime job to avoid this nightmare

[JoeF]

He might have told answer as 'yes' to the question, 'does your client assign you daily job duties?'

That's how I got screwed 4 months back, and most of the others are screwed as well. You need to say your employer has a manager at the client site who controls your work activities.

Only say that if it actually is true.

If you lie about these things, you could find yourself permanently banned from the US.

All it would take is a call from the VO to the client...

Rule #1: Never lie to an immigration official.

[hellomahesh]

We have talked to direct vendor and requested if they can sponsor the H1B visa; they are ready to process but want to get convinced that their application will be accepted (will not be rejected for same reason) before starting the process. Is there a proof anywhere that we can show to this vendor stating that direct client contractor application will be processed successfully?

Thanks

[JoeF]

There never is a guarantee.

And there is no right to a visa, anyway.

Oh, and the company has to pay for the H1 petition. If they are willing to do that, they also should have a lawyer prepare the application.

[rcd47]

northwest.bobb

Is it safe to say that we are reporting to Employer and also to the client? in EC model.

[rcd47]

hellomahesh

VO questions and your friend's answers??? can you find out from your friend and type here?

this will help many of us.

thank you very much.

[hellomahesh]

There never is a guarantee.

And there is no right to a visa, anyway.

Oh, and the company has to pay for the H1 petition. If they are willing to do that, they also should have a lawyer prepare the application.

Yes JoeF, they are ready to sponsor. Their only apprehension is it should not be denied again as there is cost involved. They are talking to attorney, waiting for outcome.

Thanks

[hellomahesh]

hellomahesh

VO questions and your friend's answers??? can you find out from your friend and type here?

this will help many of us.

thank you very much.

Does Petitioner supervises you, from onsite or offsite?

Does the Petitioner has right to control over work on day to day basis if such control is requried?

Does the Petitioner provide any tools to employee for use/perfrom duties?

Does Petitioner hire, pay, fire beneficiary?

Does Petitioner evaluates the work product of beneficiary?

Does beneficiary use proprietary information in order to perform duties?

Does beneficiary product or end-product that directly linked to petitioners line of business?

good luck

[hellomahesh]

Finally, the direct vendor sponsored H1b and got the visa stamp today thou after couple of hiccups.

But it was painful waiting.

Thanks

[h1bmo1]

wht questions they asked ?