H1B transfer from India after 2 years in EVC model

[MakeItHappen]

Hello,
I am confused and need help in few areas for my interview.

I have applied H1B transfer through new employer (B) from India recently and I am still working for the same client since I was refused H1B visa in VFS-HYD in 2011. My new transfer is again based on the same old client with EVC model, which I have been working from India. If I go for Visa here are my questions below...

1. What should i say to VO, if he asks me "Do you work for the same client from India, which you were rejected earlier based on employer-employee relationship in 2011?"

2. What should i say to VO, if he asks me "If you are not working directly to client, can you prove Employee-Employer relationship?" (Since i was appointed recently by employer (B) and I have to go to US and work to show them proof, right?)

3. My client is not providing me any 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. What should i answer to VO, if he asks "Can you show your client letter?". (This is a tricky question for me, because if i give the email which my team lead sent then it shows that i am currently working for client.)

Thanks for the help.

[raghvi]

Hello,
I am confused and need help in few areas for my interview.

I have applied H1B transfer through new employer (B) from India recently and I am still working for the same client since I was refused H1B visa in VFS-HYD in 2011. My new transfer is again based on the same old client with EVC model, which I have been working from India. If I go for Visa here are my questions below...

1. What should i say to VO, if he asks me "Do you work for the same client from India, which you were rejected earlier based on employer-employee relationship in 2011?"

2. What should i say to VO, if he asks me "If you are not working directly to client, can you prove Employee-Employer relationship?" (Since i was appointed recently by employer (B) and I have to go to US and work to show them proof, right?)

3. My client is not providing me any 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. What should i answer to VO, if he asks "Can you show your client letter?". (This is a tricky question for me, because if i give the email which my team lead sent then it shows that i am currently working for client.)

Thanks for the help.

Are you saying that the end client is the same but the intermediate vendor(your employer) has changed? If yes, you are pretty much putting yourself in a similar situation as earlier.

1. You have to tell the truth.
2. There are two aspects of the Employee-Employer relationship. One is that your employer has the work and ability to pay for you, and second is that your employer is the one responsible for your hiring and firing not the end client. If employer can demonstrate these two its fine.
3. In order for your employer to prove that they have enough work for you they would need to provide the client letter, especially if they are a small company. I doubt if US consulate will call your team leader or so or would accept emails from a team leader. Generally , if additional documents are required they would give you 221G mentioning a list of documents to be provided.

This is my opinion not legal advice.

[MakeItHappen]

Are you saying that the end client is the same but the intermediate vendor(your employer) has changed? If yes, you are pretty much putting yourself in a similar situation as earlier.

1. You have to tell the truth.
2. There are two aspects of the Employee-Employer relationship. One is that your employer has the work and ability to pay for you, and second is that your employer is the one responsible for your hiring and firing not the end client. If employer can demonstrate these two its fine.
3. In order for your employer to prove that they have enough work for you they would need to provide the client letter, especially if they are a small company. I doubt if US consulate will call your team leader or so or would accept emails from a team leader. Generally , if additional documents are required they would give you 221G mentioning a list of documents to be provided.

This is my opinion not legal advice.

Thanks for the reply. I will get in touch with my attorney.