Ottawa Oct 30 221 G


bharadwaj_mudigonda

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Posted

After I got issues a 221 G the US Embassy Fraud Protection Unit emailed my client manager with some questions and below is what my client answered.....

Who (you/preferred vendor/petitioner) supervises the applicant, and is such supervision off-site or on-site?

Mr. Mudigonda is a consultant at XXXand is supervised by his consulting company off site. In general, we communicate with consulting company representatives and consultants. The consulting company directs and controls his work, and they maintain the ultimate decision with respect to his employment.

1.) If the supervision is off-site and performed by the petitioner, how does the petitioner maintain such supervision i.e. weekly calls, reporting to the main office routinely, or site visits by the petitioner? The petitioner has conference weekly conference calls and constant email communications.

2.) Who has the right to control the work of the applicant on a day-to-day basis if such control is required? Mr. Mudigonda’s consulting company.

3.) Who determines the direction of the project? XXX is the client and sets forth the requirements and parameters of the project. Mr. Mudigonda’s consulting company has been tasked with implementation and decides the best practices to complete the project with feedback from XXX.

4.) Who determines the applicant’s daily activities? Daily activities are monitored by his consulting company with feedback from XXX.

5.) Who provides the tools or instrumentalities for the applicant to perform the duties of employment? We provide him access to our systems.

6.) Who hires, pays, and has the ability to fire the applicant? Mr. Mudigonda’s consulting company.

7.) Who claims the beneficiary for tax purposes? Mr. Mudigonda’s consulting company.

8.) Who provides the beneficiary with employee benefits? Mr. Mudigonda’s consulting company.

After that the Embassy again contacted them today asking for more details like:

" If you would, we prefer more detail in the answers we received to the questionnaire sent to you. Please use the name of the consulting company whom you refer to in your answers below. Since you mention consulting company and petitioner separately we assume you are referring to ABC and XYZ respectfully. Your response to this questionnaire is one of several methods we use to verify information presented to the U.S. Consulate. Please be aware of the importance of providing complete and factual information to our questionnaire. "

My client is not willing to tell them who my employer is as they dont deal with them directly. All they are agreeing to is to specify the Vendor name and tell the embassy that since I am a consultant through their preferred vendor, only the vendor will have my employer details and they do not have any control over the details.

Is this a messy sitauation? Will the embassy want to contact my Vendor? Any help will be greatly appreciated.

Thanks!

Posted

Ask your Client to Specify your Employer name and not the vendor name. I don't think vendor can do anything here..

I saw couple of cases that had issues like you.. so request your client to mention your employer name and not hte vendor name

Posted

Is this a messy sitauation? Will the embassy want to contact my Vendor? Any help will be greatly appreciated.

Client has to mention your employer name in his replies. If he doesn't, how can you prove the EE relationship?

Posted

Ask your Client to Specify your Employer name and not the vendor name. I don't think vendor can do anything here..

I saw couple of cases that had issues like you.. so request your client to mention your employer name and not hte vendor name

The client is not willing to.

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