H1b stamp denied with 221(g). Applying with new employer same client

[pxs]

My history:

MS ---> H1b(cap-exempt) ----> MBA---> OPT ---->H1b(quota)

H1b apporved by USCIS in Nov 2011

April 9th 2012 - Visa Stamp denied with 221(g) yellow slip at mumbai consulate. EVC model. Have been working with same client since Nov 2010.

May 9th 2012- recieved letter from Mumbai consulate stating my petition has been sent back to USCIS for further review and possible revocation.

May 17th 2012- Case status update on USCIS website to Post Decision activity.

Since then there has been no updates on my case.

My visa interview:

1. I was asked to attest my answers at the end of the interview.

2. After all the basic questions abt employer client and location VO asked for the contract between Client and Employer. Since mine was EVC model I showed them the client letter which stated client is in contract with vendor and vendor is in contract with my employer and I am the employee of the employer.

at this point VO asked me several questions about the vendor and then who assigns me day to day task. I told him my project is assigned by my employer and day-to-day task is assigned by my client manager(probably my mistake) I report my progress to both employer manager and client manager.

3.VO asked me about products that my company have - I told IT consulting and one prodcut that my company has. VO asked me if that is used in my project, i said no ( I think this was also a mistake)

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Now my employer is filling for a new petition with it sister company , same EVC model , same client. This time I got the client letter which donot say anything abt the middle vendor and also states clearly that it is my employer which controls the assignments and the project is 3 years long from the date of issue of letter.

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My question :

1. In EVC model - is there a way to not to bring up the vendor during the interview? When asked for the contract during the interview will the client letter suffice? My employer didnot provide the contract when i applied earlier saying that it cannot be released like that.

2. Can someone share their experience if they have gone thru a senator or congressman to speed up the administrative processing ? What is the usual time USCIS takes to send a NOIR ?

[rahul412]

My question :

1. In EVC model - is there a way to not to bring up the vendor during the interview? When asked for the contract during the interview will the client letter suffice? My employer didnot provide the contract when i applied earlier saying that it cannot be released like that.

2. Can someone share their experience if they have gone thru a senator or congressman to speed up the administrative processing ? What is the usual time USCIS takes to send a NOIR ?

1. When you have a Vendor, how can you avoid that layer during the interview. Your employer didn't helped you by not providing the contract which is one of the req documents for your interview. And now you still want to work with them and apply for new H1. Now think practically, do you think you will get the visa??

2. I don't think senator or congressman will consider your req to speed up the process. They got many other things to do. (this is my personal opinion).

My advice, avoid that employer. Find new one project, at most EC model.

[catx]

Omitting information to the USCIS or the Department of State Visa Officer, such as being working in a EVC model, is providing misleading information and is no different than directly providing false information -- in both cases it is fraudulent. This will lead to visa denial and will be on the record, which could well cause problems in the future even as a direct full-time employee (versus consultant).

[JoeF]

1. In EVC model - is there a way to not to bring up the vendor during the interview?

No, there isn't.

The only way would be to not have that additional layer.