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Very Unique Situation H1b Stamping 221g First H1b

Discussion in 'Nonimmigrant Visa Applications' started by Soha, Dec 7, 2016.

  1. Soha

    Soha Junior Member

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    Hi Ron,

    First of all i would like to thank you for making this forum so useful.

    Here is my brother's situation

    He is working for a top notch product based company in India for past 5 years. This year he got an offer from US consulting firm and applied for H1b and selected in cap (hurray !!).

    After petition approval he went for stamping at consulate in India. After few formal questions like company name, client name, salary etc - Visa Officer (VO) issued 221g asking for project documents and also returned the passport. After that attorney sent the documents to consulate and again we received second 221g via e mail asking for some additional project documents. I believe his US consulting employer could not furnish entire project details because it is an in house project. His bad that he mentioned that he will be working for multiple clients within house.

    1. Now what are his chances for successful h1B stamping.

    2. What next if H1b stamp denied.

    3. What if consulate reject H1b stamp due to fraud interpretation from US consulting firm regarding project details ?. will they send request to revoke petition to USCIS ?

    4. If consulate send request to USCIS to revoke petition - will cap be lost ?

    5. Can he apply h1b transfer even if consulate denies stamp and send request to USCIS to revoke petition ?​
     
  2. Greeeeencard

    Greeeeencard Guru

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    First of all, this is NOT at all A UNIQUE SITUATION, forget about being "very unique", very common with consulting on H-1B. The fact is these software consulting companies are playing games with the immigration of this country by playing with all the loopholes. On the top of it, Agencies are incompetent and lazy enough not to find these frauds. Your brother has done a blunder in signing up with a consulting job(knowingly or unknowingly), no experienced person would have advised him to leave his "Product based company" job and join a consulting company's "IN-HOUSE" project. Let me be clear there is nothing like "in-house" project for a consulting company. A product based company can only have in-house project or a giant IT services company like TCS may have their own small products for testing etc but they only develop in Indian not in US (why would hey have a team in US for working on their in-house project having no revenue, think!).

    Now, since damage(leaving a good stable job to a cartel job, pardon me these IT consultign companies are cartels who are no less than gangs who are involved in human trafficking, they are plainly playing with lives of people) has happened already, let me answer your questions:

    1. If the company is not able to produce documentation, the chances of successful stamping are very bleak.
    2. If H1B stamping is denied, petition will also be likely revoked.
    3. If it is for fraud, the petition will mostly be revoked.
    4. Yes, cap will be lost, if no stamping.
    5. I don't think so, but you can tr.

    My response might be harse, but it is the truth.
     
  3. Soha

    Soha Junior Member

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    Thanks a lot for your response. I am shocked to hear that cap will be lost if stamping is not successful. Just to let you know that particular consulting firm also does product development (with only 4 to 5 employees) for their own law firm.

    Ron - I am eagerly waiting for your response.
     

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