This flies in the face of logic

[LosingMyFaith]

I don't understand why a H1-B visa that was approved by the USCIS be denied under 221g when going for visa stamping. Sure it was an EVC model employment, but for the life of me I don't see why the USCIS had to approve it in the first place. Just deny it already and let me get on with my life in peace.

Now what happens to my car, apartment and other material possesions in the US? I have to now beg friends to dispose off of them and owe them favors big time?

Surely the consulates in India can assume that I'm not providing fake documentation, by cross verifying it with my SSN and history in the USA. They waited four months from my visa interview date to issue a second 221g form (the first had nothing ticked except admin processing) asking for client letters. Now which client is going to wait four months for a EVC employee to come back and work for them? They are going to lay them off, and then the individual is not going to be able to produce the necessary documentation for the visa.

This just feels wrong and unjust.

Peace out. Have fun you all and good luck!

[JoeF]

The consulates are part of the Department of State, so they are separate from USCIS.

EVC cases with lack of employer-employee relationship are nowadays often already denied by USCIS, but older H1 may not have had that scrutiny.

And it was well known that visa stamping for EVC is very risky. Forget consulting companies. Find a real employer.

[AxialTilt]

This is all a part of the game, how else would US be able to empty out people on H-1B's? They know they cannot do anything to make a person exit from the country when he/she is physically there. The only way is to stop him from re-entry after he/she exits. This EVC, employee-employer relationship is all just a strategy in a big game. The main problem lies elsewhere. People from India have crowded the US market so much that they had to do something to empty some people out. How else would US citizens be getting jobs by competing against so much crowd in US? They get about 100 resumes with Indian names for every IT job that gets posted. It is unfortunate but our population has let us down.

I too had to do the same, sell my car, tv, trash all the stuff in the apartment etc.

[westindies]

The consulates are part of the Department of State, so they are separate from USCIS.

EVC cases with lack of employer-employee relationship are nowadays often already denied by USCIS, but older H1 may not have had that scrutiny.

And it was well known that visa stamping for EVC is very risky. Forget consulting companies. Find a real employer.

This is just an excuse that consulates are different than USCIS. Yes, they are, but they should have same vision. One department approves the application, then consulates which fall under DOS, denies it. Don't they talk to each other? Why not? This is all about money. Get the application money, approve the application, then deny it later. They know the candidate will try to apply again and they will get the money again. How shrewd.

[JoeF]

This is just an excuse that consulates are different than USCIS. Yes, they are, but they should have same vision.

Consular officers have the discretionary power to deny a non-immigrant visa as they see fit. They don't have to take USCIS view into account.

This is all about money.

BS. Do you really think they care about the few dollars they get from the application fees? The fees are a very small part of their budget.

Really, please learn how governments work...

[AxialTilt]

Consular officers have the discretionary power to deny a non-immigrant visa as they see fit. They don't have to take USCIS view into account.

BS. Do you really think they care about the few dollars they get from the application fees? The fees are a very small part of their budget.

Really, please learn how governments work...

@JoeF, don't talk as if you have written the laws. All you know is wake up, bash EVC companies on this forum, go to sleep, again wake up and bash some EVC companies on this forum, go to sleep. Do something else.

[LosingMyFaith]

What would the statistics be of visa stamping rejections after USCIS approval by country? Thats right India would outrank everyone else.

Sure Indian's would outrank everyone else in EVC type employment, but the consulting companies that fake everything are the perpetrators. The employee is just a victim caught in the big game where the consulting company exploits a loophole in the law to further their needs.

The right thing to do would be to shutdown the company and not victimize the victim again. Deny the H1-B's as and when they are applied instead of approving them and then denying stamping. We have a life and a family too, things back home have a huge bearing on our lives. Family bereavements are important events that should be attended. By approving the H1B visa in the first place the USCIS is tacitly enabling the consulting companies to continue their activities, and then they treat the H1B visa holder like ****.

What the hell is employee employer relationship anyway? None of the EVC, EC employment models has an employee employer relationship. It doesn't take a rocket scientist to figure that out. Shutting down the EVC, EC models completely like the Department of Homeland Security seized FullTiltPoker and other domains, would a) render 10000 Indian IT professionals without a job (No problem send them home but then the US IT sector would crash wouldn't it now?), b) open up jobs at these Clients for fresh masters graduates who could do a QA/BA's job with the ease of a kitten learning to unravel a ball of string.

The sad reality is that nobody has the ***** to really do the right thing, right from the USCIS who can't shutdown the dark underbelly of bodyshopping, the consulates who can't process applications in less than 4 months in 2012 with all the technology available (you're kidding right that it takes 4 months to check the criminal records of an SSN holder with a flawless criminal record and a credit history of 780?), the consulting companies who can't follow proper procedure when filing H1B's unmeritoriously for their dependent underqualified spouses who entered the country on H4s to make a quick buck, and ending with the victimized employee who lacks the ***** to say "this doesn't work, I'm going back home".

[LosingMyFaith]

An EVC or EC model of employment is nothing more than a glorified Ponzi Scheme. Take away the C, and the E and V cannot exist and pay their employees. They don't have a payroll stemming from their own production of goods or services. So what's the big hullabaloo about employer-employee relationship. I mean call a spade a spade here.

[westindies]

I totally agree with you northwest.bobby.

[AxialTilt]

The consulates are part of the Department of State, so they are separate from USCIS.

EVC cases with lack of employer-employee relationship are nowadays often already denied by USCIS, but older H1 may not have had that scrutiny.

And it was well known that visa stamping for EVC is very risky. Forget consulting companies. Find a real employer.

You have no right to say that about consulting companies. Do you know that big companies like Microsoft and Deloittle also do consulting business? I personally worked with a Microsoft engineer who was working on EVC model on H1B at client site. A huge electronics company (Client) has outsourced its IT operations to its vendor, which in turn needed the consulting services of Microsoft engineer. So Microsoft sent a H1B employee to work at the client site on a contract basis. This is clearly a EVC model! According to your hypothetical theory where you keep on calling EVC model is fraud or illegal, even companies like Microsoft and Deloitte are also comitting fraud or what? I tried to explain it to you so many times on this forum, it is how most of the software business works and it is not illegal. You keep on calling it fraud, just never get it! Many of the re-affirmed petitions are getting stamped and you can see the same on this forum in multiple cases.

This 221g business is just a big game played where some innocents are getting caught unaware of this game. Do not spread false beliefs in this forum.

[JoeF]

You have no right to say that about consulting companies.

Of course I have the right.

Do you know that big companies like Microsoft and Deloittle also do consulting business?

Yeah, and?

Deloitte *is* a consulting company...

It still doesn't change the fact that EVC is pretty much dead. A client has business secrets, and a client is unlikely to share such business secrets with some (for the client) unknown third party like the E. The client only has a business relationship with the middle vendor.

Therefore, it is likely that there is no employer-employee relationship.

This EVC stuff is pretty much limited to the IT world, and it doesn't really make economic sense, with some intermediary just getting a cut for pretty much nothing.

[wiweq]

They want to see employer-employee relationship which is tough to build in EVC model. If you need H1b stamping, don't indulge in EVC, simple. Everyone knows that EVC won't give you H1b stamping, how many of those are ready to join FT or even started searching FT. It's so because getting FT job takes time, they are reluctant to H1b filing and they scrutiny your background more thoroughly. On the other hand, in the field of consulting it’s easy to fake the resume, pay for H1b fees (which is illegal) and easier to get the ‘projects’. Consider EVC as crime and stay away from this if you are on H1b. If you are GC holder or USC you are free to enjoy the privileges of EVC!