Is it advisable?


rcd47

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Model: EC

Interview date: 8th Nov

Locatoin: Hyderabad

My petition was sent back to USCIS for revocation on basis of not meeting employee - employer relationship.

My employer is planning to apply new petition with same client project in premium.

Is it advisable to go for stamping with same client project when the previous interview ended up in returning the petition to USCIS on basis of employee and employer relationship?

Thank you!

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Model: EC

Interview date: 8th Nov

Locatoin: Hyderabad

My petition was sent back to USCIS for revocation on basis of not meeting employee - employer relationship.

My employer is planning to apply new petition with same client project in premium.

Is it advisable to go for stamping with same client project when the previous interview ended up in returning the petition to USCIS on basis of employee and employer relationship?

Thank you!

Instead why don't you change your employer and try to get a job as full time employee?

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VO was rude, and 2 people who were in front of me had faced the same issue. They too got yellow 221(g).

Employee-Employer relationship questions.

Who provides the tools?

I said Employer and the Client.

As my client doesn't provide the system for contractors, my employer provides the laptop to work at client place.

VO was concerned that I am accessing client information and asked couple of technical question how I am accessing the information and perform the work without downloading client's proprietary data.

VO was not happy with my explanation as he was expecting me to say only Client as the answer to this question.

Who assigns day to day work?

I said Client.

As I am at the client place, Of course Client will provide the work. But VO was expected me to answer as Employer manager.

VO mentioned that my daily and long terms activities are determined by Client.

Who supervises/manages my work?

I said Employer manager.

VO then asked where is your employer manager located?

I said he is offsite and he gets updated about my day to day work through emails/phone calls and intermittent visits at client place.

(VO was not happy with this answer)

VO then asked who evaluates your work?

I said employer manager.

VO was not convinced as employer manager's only means of knowing my performance is through emails and phone calls (if any intermittent visits).

I also mentioned that Client gives the feedback to my employer manager on my performance/work.

What VO understood was Client is the person who evaluates my performance which doesn't meet employee-employer relationship.

VO asked if I produce any product that is in line business of my employer?

I told him that the client is a manufacturing company but I work for their IT dept and develop software for them to run their business.

VO did not buy this answer. And simple said your answer is NO.

As far as I know most of the EC model works the way I am working.

I recommend not to go to Hyd, at least to avoid this crazy VO. Most of the cases that are getting rejected in Hyd are due to this VO i guess.

Anyways its my bad luck. Next time I am planning to go to Chennai.

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