H1B Stamping Done---- In India --- Project on hold


me2014

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I am posting this on behalf of someone.

 

Presently he is in India, and have got his H1B this year. So his H1B start date is Oct 1, 2014.

 

He got his stamping done with all the reqd papers. But unfortunately the project is on hold.

 

He is getting projects from other employers. so kind of Employer --- Vendor 1---- Vendor2 ----Client model he needs to work.

 

Does not want to transfer his visa.

 

If he travels, at POE what are the papers he would require?

 

 

Thanks in advance

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First ask him to avoid layers. Better to be a FTE.

If he still wants to enter with EVVC model then before he travels to US he will need his new employer to file a cap exempt H1B petition and after approval he can travel with a valid H1B visa and I797. Without this at POE he will be asked to return to home country in the next available flight.

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wiweq...

 

I read the link and it says about employer - employee relationship. So in that case he has that. His employer has all the rights. 

 

employer letter --- he will definitely have with all required details Like Salary everything that's not a problem.

 

--- client letter (if applied) Vendor 1---- Vendor 2 ----Client. He has an offer and trying to figure out the what are the letters he would require. For the end client letter he can get  the hiring manger letter for him will this suffice on a letter head.

 

 

Thanks
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wiweq...

 

I read the link and it says about employer - employee relationship. So in that case he has that. His employer has all the rights. 

 

Sorry, but I rather doubt that.

Can the employer show up at the client site and get all the confidential information?

No sane client would allow some stranger (and the employer is a stranger, because the client has no contract with him) to discuss the work of a person.

How would the client know that it is the employer, and not just some arbitrary stranger from the street? Why would a sane employer pay more money to contract with some vendor when they could contract directly with the employer?

That's why in an EVC model there pretty much never can be the employer-employee relationship required by the H1 rules.

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