how to prove that emp. is NOT consulting?


trivedi3377

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Hi all,

I came to India for vacation and had interview at New delhi embassy. After couple of questions, VO asked for documents whatever I had, I submitted all documents in interview. He issued 221(g) and after 2 1/2 months, I received standard letter saying that they are sending case back to USCIS for review.

My case went to USCIS for review and now my company's attorny received notice of Intend to revoke(NOIR). It's saying that my company is consulting(body shopping) company.

Actually my company is NOT doing any consulting business. I am on E-C model and I am full time permanent employee since last 4 yrs. Company never hire employees on rate/hr business. It's product development company. Company is NOT having any middle vendor in any other projects as well.

Can some one help me by giving suggestion , so we can prove that my employer is NOT consulting company. I can understand that it's my company's headache but indirectly it's my headache also.

Pls. help me by giving your suggestion, so atleast we can give strong proof to USCIS.

Thanks in advance.

Regards.

Trivedi

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Guest Noah Lotte

If USCIS intends to revoke, that strongly suggests that your company has not met certain standards....USCIS does not do this casually...likely they have turned the case over to an investigator, who probably got some information from one or more sources who had not 'prepped' with a carefully drafted script to read to whoever might be asking questions...you cannot do anything...the burden of proof lies with the company, not with one of its consultants.

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Hmm, you say that you are in an EC model. That by definition means that your employer IS a consulting company that provides services to a client.

On H1, you are always an employee of a company. Your employer sends you to a client, that makes your employer a consulting business.

It seems you need to get some education what consulting company means...

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Check with your company lawyer/HR, they should have a D&B report or get their annual report/ website print out. Can't you get company brochures/marketing material etc.? The lawyer/HR should be able to produce documentation required to verify the line of business for your company. This shouldn't be a issue at all if it's a legit business.

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Can some one help me by giving suggestion , so we can prove that my employer is NOT consulting company. I can understand that it's my company's headache but indirectly it's my headache also.

Consulting Firm : A firm which provides services to their clients by sending their employees to work at the client location.

You worked at the client location, so you work for a consulting firm.

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