H1B visa rejected at HYD and petition sent back to USCIS

[H1BRK]

Recently I attended H1B visa interview at Hyderabad consulate and got 221g white slip. After a month I received an email from consulate saying petition has been returned to USCIS due to no valid employer-employee relationship. Looks like I was not able to prove the employer-employee relationship correctly so consulate has asked USCIS to revoke my petition.

I am working for a direct client and my employer is one of the prime vendors to my client. My client is a financial corporation. I do have good support from client and right now working remotely. As it is time consuming process to get a decision from USCIS and also do not have any idea how USCIS will react on my petition. So I am thinking of following possibilities.

1) Transfer my H1B to a preferable vendor of my current employer and work to my current client with my current employer as the vendor. In this case my current employer will become the vendor. I have to explain the situation to my current employer and have to get approval for this process.

2) Transfer my H1B to a new employer who is also a prime vendor to my current client so that I can work with the same client. This requires non-compete releasing letter from my current employer in order to work with the same client.

3) My client is willing to wait until my visa is processed and allowing me to work remotely. Should I take risk and wait until USCIS takes the final decision on my petition. Also what are the chances of getting approval/reaffirm after waiting for 5 to 7 months.

Please suggest.

Thanks,

RK

[hmaster]

Answers:

1) Yes this is a valid option

2) This option is also good, similar to above

3) Don't make this mistake - Your client can wait for now, but trust me eventually he will have to let you go, existing process has slim chafes and even if it were to work out it will take months if not more than a year to resolve. My strong recommendation is that your asap refile for a new h1 which the direct client or at least under EC model with clients vendor as your employer.

Hope this helps!

[H1BRK]

Answers:

1) Yes this is a valid option

2) This option is also good, similar to above

3) Don't make this mistake - Your client can wait for now, but trust me eventually he will have to let you go, existing process has slim chafes and even if it were to work out it will take months if not more than a year to resolve. My strong recommendation is that your asap refile for a new h1 which the direct client or at least under EC model with clients vendor as your employer.

Hope this helps!

Yep it helps.

Please also let me know in option 1 or 2 what are the chances of getting Visa with new petition?

This time i am planning to attend in Chennai rather than Hyde will that be an issue?

Thanks,

RK

[kk84]

Hi RK, I have a similar situation like you, but the thing is my project is completed. I applied for a new petition with an EC model. Planning to attend at Chennai this time.