A question on third party..

[karthik3186]

Hi,

I am working for a reputed product company Z (in US) for the past two years from two different Indian companies X and Y. The US company Z has offered me a job and I received the H1B petition filed from them and scheduled the visa interview on 19th November in the Chennai consulate. I heard H1B rejections regarding to third party companies.

What is a third party and does my situation (described above) qualifies as one ? I understand there are other reasons on why a visa could be rejected, but I am concerned whether my situation is similar to what people describe as third party.

Thanks,
Karthik

[shervin143]

If the company Z has sponsored your H1B petition and if they are running your payroll then there is no third party involved in your case.

If Company Z is your client and your actual payroll is been run by a different company, then you are a consultant working for Company Z through a different employer.

[karthik3186]

Shervin,

Thanks for the response. Currently, I am working as a contractor for Company Z from India (via a consulting firm Y) and the intent of the petition is to move me into the Company Z's payroll after quitting from Y. In other words, I am being hired by Company Z with a fresh H1B petition.

So, my concern is if it will make the petition appear weaker and hence a possibility of rejection (or even revoking the petition). I know I am being a bit pessimistic but anxiety always rules

Thanks,
Karthik

[shervin143]

How you are working right now doesn't matter. When you go for the visa interview, if you go with the approval notice from Company Z, then they are your employer and there is no third party involved.

Shervin,

Thanks for the response. Currently, I am working as a contractor for Company Z from India (via a consulting firm Y) and the intent of the petition is to move me into the Company Z's payroll after quitting from Y. In other words, I am being hired by Company Z with a fresh H1B petition.

So, my concern is if it will make the petition appear weaker and hence a possibility of rejection (or even revoking the petition). I know I am being a bit pessimistic but anxiety always rules

Thanks,
Karthik

[karthik3186]

Thanks a lot Shervin. That is encouraging.

Karthik.