CP Trouble ?

C

chennaicpseeker

Registered Users (C)
Hi all,

I need advise from CP 'gurus'

Here's my case :

1)I got my labor and 140 approved through company A
2)Filed for my CP through company A

But for the current assignment(due to the client's policy, I need to be on the payroll of the vendor)I am working for company B(only for this assignment)And for this current assignment,
1) Company B is paying some comission to company A
2)And I am being paid by company B.

My attorney feels that its OK since technically I can claim that I work for company A,even though I am on B's payroll by explaining the clients policy to the consular officer (and he also wants me to take a letter from both company A,and company B).

As such both employers(A, and B ) are very supportive.

Do you see any problem here ? Please suggest !

Thanks
cpseeker
 
I see a serious problem...

Outsourcing or body shopping still entailed that the employee would be on the payroll of the employer- not the client. It would be hard to justify that scenario in your case. You may have a chance if you get letters from both companies explaining the present situation and confirming that this is only short term; company A should also confirm a permanent job offer as soon as your GC is approved. This is one scenario that I would prefer to go with AOS! Good luck.;)
 
Thanks Rajeev for your reply.

What if employer A finds a job for me before the interview and offers me a position ? Is it OK to start working for company A just before the interview ? I contacted employer A today, and employer A is ready to put me back on the payroll.

Attorney still doesn't see a problem if I am on Company B's payroll as long as I show them the contract and letters from both company A, and company B.

Thanks
Harsha
 
Even if your employer puts you back on the payroll...

before CP, expect some questions regarding this issue- however, that measure should make it safer for you. If your attorney is confident, trust his judgement- I am not an expert- I have just put in my 2 cents worth- if anybody has any other ideas, please jump in.
 
CP to AOS

Is it safe to switch back to AOS after NVC has issued fee receipt ? Or is it too late to pursue the AOS way ?

This is what my attorney told me ...

1) Green card is for future employment.
2)A letter of full time employment from employer A would be sufficient.
3)In case if the consular asks any questions,explain the officer about the client's policy and show all the proof(like letters from company A,company B).

Thanks
cpseeker
 
Your attorney's argument is fair...

The question is would the consular official buy it. Even though GC is for future employment, most of us are already working in that capacity drawing a comparable salary and that confirms the intent of the employer to keep you employed after your GC has materialized.
If you were to be in your home country waiting for GC, the letter from the future employer is alone sufficient. In your case where you are working for a different company (because you are not being paid by your employer), you will need a strong evidence that your sponsor intends to honor the commitment of the emplyment letter. It will be very useful if they can put you back on their payroll for a couple of months prior to CP-just as an example of their continued sponsorship of your immigration petition. Again, my opinion is just based on my perception of your case and I am not an expert, nor do I have all the case details. Consult your attorney.
You can file for AOS at anytime- even after the case has gone to the consulate- if you so desire. there may be delays if the CP process has already been initiated. Good luck.;)
 
Since GC is for future employment, if you get a offer letter from your company that you will have job when you return with GC and will be paid >= LC salary, and you also convince the consular officer that you would be joining your company after returning to the USA, i think, you are fine. They can reject your case only for 2 reasons, lack of paperwork (including illegal stay in the USA) and fraud. If you provide all the paperwork you should be fine.

Take all the paperwork you can. It might also help if you join company A before filing your DS230 (if you have not filed it yet), though its not necessary. Also, when you list your experience, you may have to state the fact that you were working for the client company (as you would be on their h1b and payroll). Try to get all the paperwork done before filing DS230, just to be on the safer side.

I am neither a lawyer nor an expert on this issue. but this is my opinion based on postings from this forum.
good luck!
 
Thanks Rajeev,Cannon !

Will the consular officer reject the H1B if my IV is not approved ?
I will be submitting the following documents when called for the interview :
->Last 2 W2's (Company A)
->Letter from Company A, Company B,and the current contract details between Company B and the client.
->Notorized employment letter from company A.

I just want to make sure if I am doing the right thing by blindly following by attorne's advise.

Please suggest .....

Thanks
cpseeker
 
The consular official will...

cancel your H1b visa 'without prejudice' when you go for CP. If you are asked to produce documentary evidence that you can only obtain in the US, you may apply for a visitor's visa or use the H1b if that has not been cancelled yet. However, if your CP is rejected for fraud- you will not be allowed back into the US. If you have all the necessary paperwork, you have a good chance with CP. Note the key word is 'necessary'. As only the consular officer knows what's necessary!;)
 
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