Planning for H1 stamping in chennai ( peculiar case )


AshokAmbrose

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Hi,

I came to US on a L1 visa for a well renowned company. After 2 years I resigned from that company and joined a small company which did H1B for me. This new company is in one state and found me a project in another state and placed me there. I have been working for this project for past 1 year and have a H1 approval valid till 2013.

The project which am working is for the US government agency and they are willing to give me a client letter.

My employer has a contract with the preferred vendor for this government agency. So there is one layer in between my employer and the end client ( government agency).

My wife already left before me for India and she got her H4 stamped successfully.

Now am planning to go for my H1 stamping in chennai.

I have all the documents in hand. The client letter, contract between me and employer, employer and preferred vendor, letter from preferred vendor.

Also I have applied for Green Card and it has got a query in the labor stage.

I am not sure how will I explain the employee - employer relationship... ? is it true that there can't be one layer between the employer and employee ?

On looking at this scenario is it safe to go for stamping ?

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" is it true that there can't be one layer between the employer and employee ?"

=> Search for USCIS employer - employee memorandum. If you have any layer, most likely you will get the administrative processing, they don't like layers.

USCIS wants that your activities, salary, bonus are governed only by your employer not the client. To demonstrate this you can show last 4-5 emails showing reports to your employer. If you don't report to your employer, start doing that.

At the same time, another truth is that most of the prime vendors are US based companies and they don't sponsor H1b. They have preferred H1b sponsor companies though.

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