H1-H4-H1 (Stamping again)

[garimaus]

I have been working with Company X since 2007. During June-2012, when I visited India last time, my visa stamping went into RFE with 221-G and then later I got rejection on my request to stamp H1B after 4 weeks of interview. Then I came back to US on H4 visa as my husband also works on H1B for some other employer. After about 6 months of H4, My same company X re-initiated my H1B petition and that was approved by USCIS. I started working for same company at same position. I even joined same client location as before. After working for almost 15 months, now I am planning to visit India once again.

Anybody who has gone through same experience, please share your views . Also if somebody can tell me what I can do to get the visa stamped successfully this time that will be of great help

[rahul412]

Anybody who has gone through same experience, please share your views . Also if somebody can tell me what I can do to get the visa stamped successfully this time that will be of great help

It depends on why your previous VISA was rejected.

[garimaus]

As per the letter received from embassy "visa was refused under section 221g of the immigration and Nationality act". Questions asked during interview were

1. Does the H1B petitioner supervise the H1B employee / worker and is such supervision off-site or on-site?
2. If the supervision is off-site, how does the H1B petitioner maintain such supervision, i.e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
3. Does the petitioner have the right to control the work of the H1B worker on a day-to-day basis if such control is required?
4. Does the petitioner provide the tools or instrumentalities needed for the H1B worker to perform the duties of employment?
5. Does the petitioner hire, pay, and have the ability to fire the H1B employee?
6. Does the petitioner evaluate the work-product of the H1B worker, i.e. progress/performance reviews?

 

Nothing seems to convince her that time.So i thinks answer to these questions were responsible for rejection.

[rahul412]

As per the letter received from embassy "visa was refused under section 221g of the immigration and Nationality act". Questions asked during interview were

1. Does the H1B petitioner supervise the H1B employee / worker and is such supervision off-site or on-site?

2. If the supervision is off-site, how does the H1B petitioner maintain such supervision, i.e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?

3. Does the petitioner have the right to control the work of the H1B worker on a day-to-day basis if such control is required?

4. Does the petitioner provide the tools or instrumentalities needed for the H1B worker to perform the duties of employment?

5. Does the petitioner hire, pay, and have the ability to fire the H1B employee?

6. Does the petitioner evaluate the work-product of the H1B worker, i.e. progress/performance reviews?

 

Nothing seems to convince her that time.So i thinks answer to these questions were responsible for rejection.

So your case doesn't have strong/valid EE relationship.

If you are working at client location then your employer has to control your work. If this is not happening in your case, then again your visa might be rejected.

[garimaus]

May be my answers that time gave the wrong idea to consulate that time. What all documents i can take this time to prove that my employer is actually holding all work related control? Or what can my employer do to make sure this time visa doesnt get rejected? 

[rahul412]

May be my answers that time gave the wrong idea to consulate that time. What all documents i can take this time to prove that my employer is actually holding all work related control? Or what can my employer do to make sure this time visa doesnt get rejected? 

Your employer has to control your work. That's all your employer has to do.