H1B transfer from India after 2 years in EVC model

[MakeItHappen]

A brief summary about my whereabouts since 2006. Just want to make it clear before i ask my question on new H1B transfer in EVC model employment.

 

• Entered US in Jan 2007 with F1 visa for MS degree.
• I have completed my Masters in EE in 2008.
• Later joined EMPLOYER-A In as a Programmer Analyst and applied H1B with client as "CLIENT1".
• Went down to India in Dec 2009 to VFS Hyd stamping and received H1B visa stamp.(At this point in between me and client there are 3 layers CLIENT1 -> VENDOR1 -> VENDOR2 -> EMPLOYER-A -> me)
• Came back to USA and moved to another consultancy EMPLOYER-B, with the same client "CLIENT1"
• Went to India in 2011 October for stamping again representing "EMPLOYER-B" and client as "CLIENT1" (At this point in between me and client there are 3 layers CLIENT1-> VENDOR1 -> VENDOR2 -> EMPLOYER-B -> me).
• I was approved I140 & was confidant with my Client letter.
• I was given 221G and finally my Visa was refused.
• Later i have removed my mid vendor and approached new employer EMPLOYER-C and applied H1B. 
• Went to VFS Hyd on March 2012 and I was refused visa again. (At this point in between me and client there are 2 layers CLIENT1-> VENDOR1 -> EMPLOYER-C -> me)
• Since then I am working from home from India to the same client  "CLIENT1" and employer EMPLOYER-C and getting paid in Indian salary.
• Recently I received an update on Jan 2014 from USCIS that my H1B petition is expired on Jan 2013, so they are administratively closing my petition.
• Now wanted to give another try, and i got a new employer and they filed H1B transfer. They said it is piece of cake for them. It is still processing and received the receipt.(At this point in between me and client there are 2 layers CLIENT1-> VENDOR1 -> EMPLOYER-D -> me)
• Now my client is saying they have revived their policy to not to give client letter. But my team lead said he would help me if there are any calls to be answered from USCIS india and he would send an email saying that they are no longer giving client letter.

 

I wanted to know how to answer few of the questions during my H1B visa in India (which is high risk now a days). Correct me if I am wrong. And even let me know if there are unforeseen questions. Please help me. 

 

1.      Does Petitioner supervise beneficiary and is such supervision off-site or on-site? Offsite supervision only

2.      If the supervision is off-site, how does petitioner maintain such supervision? Thru emails and monthly reports provided by the beneficiary

3.      Does the petitioner have right to control the work of beneficiary on day-to-day basis if such control is required? NO

4.      Does Petitioner provide the tools or instrumentalities needed for beneficiary to perform the duties of employment? NO

5.      Does Petitioner hire, pay and have the ability to fire beneficiary? (Does they promote beneficiary): YES, petitioner has the sole right.

6.      Does petitioner evaluate the work-product of beneficiary? NO

7.      Does beneficiary use proprietary information of the petitioner in order to perform the duties of the employment? NO, provided by the client

8.      Does beneficiary produce an end-product that is directly linked to petitioner’s line of business? NO

9.      Does petitioner have the ability to control the manner and means in which work product of beneficiary is accomplished? No

 

 

Thank you so much for all the past replies.

 

 

 

 

[rahul412]

Answers to those questions should be truthful. So you need to ask your employer about these questions.

Moreover I doubt whether your team manager will reply when USCIS will call them.

 

Best option, find FTE.