H1b denied Employer-Employee relationship


sureshv120

Recommended Posts

My H1b peition was denied in the FY 2015 quota. Problem was there was a one liner in the Employer-Client contract which stated that the client will supervise Now my employer tells me that the contract was written in 2002 and was not revised since. Employer's mistake. He however states that the SOW that he provided as part of the RFE clearly stated that the Employer will supervise. In the denial notice USCIS states that a written statement that states Employer controls/supervises the client contradicts with the client contract. It does not mention of the proof in the SOW/PO. My employer and his attorney's argue that the SOW is a higher above document than the client contract and this is the document that is revised every year. The SOW clearly mentions that the Employer will supervise/control. He says we will file an appeal. Any advice would be welcome. Do you think I stand a chance?

Link to comment

Archived

This topic is now archived and is closed to further replies.