H1-B stamping No client letter

[mutatis_mutandis]

I was unable to procure a client letter for H1-B stamping. After consulting with employer, they stated they handle multiple projects some in-house, and some on client side and my employment being full-time and not project dependent. The employer gave me complete project details of all their projects, including those with vendors, with vendor stated agreements for subcontracting (with task order number, and contract number towards end client mentioned in them), and said that it should suffice and a client letter is not required.

But with many people now getting admin processing due to absence of client letter is this something that I should persist in obtaining, going against the advise of the legal representative of the employer?

I have the following to establish my relationship with client:
- Org chart for the division, and the team in which I work in, with my name mentioned in it.
- Email correspondence with respect to requesting leave of absence for the trip.
- Contact details (including mine) of supervisors, and colleagues on the client site.
- Security ID/Badge.

Please let me know if this is enough.

[raghvi]

I was unable to procure a client letter for H1-B stamping. After consulting with employer, they stated they handle multiple projects some in-house, and some on client side and my employment being full-time and not project dependent. The employer gave me complete project details of all their projects, including those with vendors, with vendor stated agreements for subcontracting (with task order number, and contract number towards end client mentioned in them), and said that it should suffice and a client letter is not required.

But with many people now getting admin processing due to absence of client letter is this something that I should persist in obtaining, going against the advise of the legal representative of the employer?

I have the following to establish my relationship with client:
- Org chart for the division, and the team in which I work in, with my name mentioned in it.
- Email correspondence with respect to requesting leave of absence for the trip.
- Contact details (including mine) of supervisors, and colleagues on the client site.
- Security ID/Badge.

Please let me know if this is enough.

These evidence do not establish your sustainability in terms of having a secure and full time job. Visa officers have slowly built a knack of identifying such cases and do not hesitate to refer to USCIS if any doubts, in turn putting you on a potentially long admin processing state outside US.

First thing I would suggest is to not lie, when you are working for a end client, why tell that you are working on an internal project? Remember, the employer has billing to lose, but you have your immigration records as well as precious time to lose if at all you get rejected plus all the anxiety. So I would insist you get the client letter and avoid going to stamping if you dont have it.

Internal project in itself is a red flag. You may end up going to admin processing if you say internal project. And then you may be asked to provide detailed project/product being worked upon internally and when your employer starts facing the heat with respect to demand for documentation, and tax records, they might abandon you. Its not difficult for USCIS/Consular officer to establish if at the internal project of your employer is generating any revenue or not. And if they see any indication that it is just a makeshift project, they would deny the H1. And at that stage you cannot go back and say that you are actually working for the client.

What Visa Officers are generally looking for evidences that your employer has genuine contractual work for you which generates enough revenue to pay you for the duration of the petition. The points you mentioned would not indicate to the officer that the client has long term work for you, and is obligated to pay/hire you through your employer and employer eventually would fire you if the project is not there or client decides to not pay.

This is my opinion not legal advice.

[mutatis_mutandis]

These evidence do not establish your sustainability in terms of having a secure and full time job. Visa officers have slowly built a knack of identifying such cases and do not hesitate to refer to USCIS if any doubts, in turn putting you on a potentially long admin processing state outside US.

First thing I would suggest is to not lie, when you are working for a end client, why tell that you are working on an internal project? Remember, the employer has billing to lose, but you have your immigration records as well as precious time to lose if at all you get rejected plus all the anxiety. So I would insist you get the client letter and avoid going to stamping if you dont have it.

Internal project in itself is a red flag. You may end up going to admin processing if you say internal project. And then you may be asked to provide detailed project/product being worked upon internally and when your employer starts facing the heat with respect to demand for documentation, and tax records, they might abandon you. Its not difficult for USCIS/Consular officer to establish if at the internal project of your employer is generating any revenue or not. And if they see any indication that it is just a makeshift project, they would deny the H1. And at that stage you cannot go back and say that you are actually working for the client.

What Visa Officers are generally looking for evidences that your employer has genuine contractual work for you which generates enough revenue to pay you for the duration of the petition. The points you mentioned would not indicate to the officer that the client has long term work for you, and is obligated to pay/hire you through your employer and employer eventually would fire you if the project is not there or client decides to not pay.

This is my opinion not legal advice.

When I first started working it was in a direct contract, which got extended through a partnered sub-contractor. The client is well aware as it's the same contract that got extended.

What I'm trying to say is, that the employer has given me documentation on sufficient projects and contracts that prove that they would be able to sustain me beyond the termination of this contract and my employment is not contingent upon this contract only (specified in the application for the latest petition that they gave me describing my job offer). However, I cannot forecast what specific project or contract would be assigned to, after this contract ends in which case my employer will file another petition + LCA (even though my current petition is approved beyond the contract period).

But you are right, I will consult with my client contracts manager to see if they can furnish a letter. The end client is a fed. agency so I'm not sure if they would be willing to furnish a letter for an individual. However I do have a copy of client's task order assigned to my employer (which was current at the time of filing for my petition). Obtaining the extended one with my subcontractor should suffice, instead of a "client letter" as well shouldn't it?

[raghvi]

When I first started working it was in a direct contract, which got extended through a partnered sub-contractor. The client is well aware as it's the same contract that got extended.

What I'm trying to say is, that the employer has given me documentation on sufficient projects and contracts that prove that they would be able to sustain me beyond the termination of this contract and my employment is not contingent upon this contract only (specified in the application for the latest petition that they gave me describing my job offer). However, I cannot forecast what specific project or contract would be assigned to, after this contract ends in which case my employer will file another petition + LCA (even though my current petition is approved beyond the contract period).

But you are right, I will consult with my client contracts manager to see if they can furnish a letter. The end client is a fed. agency so I'm not sure if they would be willing to furnish a letter for an individual.

Your employer must be having some sort of Maser Services Agreement signed with the Fed Agency. What I was trying to tell is that if you working for end client would not suggest that you lie by telling that you working with internal project. Multiple layers between you and end client would need documentation to prove valid employee employer relation too. If your employer is a large company then sometimes chances of being asked end client letter reduce.

This is my opinion not legal advice.

[mutatis_mutandis]

Your employer must be having some sort of Maser Services Agreement signed with the Fed Agency. What I was trying to tell is that if you working for end client would not suggest that you lie by telling that you working with internal project. Multiple layers between you and end client would need documentation to prove valid employee employer relation too. If your employer is a large company then sometimes chances of being asked end client letter reduce.

This is my opinion not legal advice.

I do have the master services agreement for the contract when I joined and when the latest petition was filed. After that contract got awarded to a partnered subcontractor, and I have the employer-subcontractor agreement. I report to my manager that's an employee of the employer, now an employee of the subcontractor. I have monthly status/task reports on my company's letter head prior to contract renewal, and on subcontractor's letterhead post renewal.

The letters concerning my job description my employer gave is as of when the petition was filed, and it's not as of now. I have brought this up with my legal representative of my company, and he persisted that it's not a big issue. While the nature of work and the contractual obligation stays the same, the only thing changed is subcontractor coming into the picture and my manager switching to being a subcontractor employee.

My employer is a relatively large 500+ employees company. They have a bunch of contracts and in house projects as well, all of which I have the paperwork for with me.

[raghvi]

I do have the master services agreement for the contract when I joined and when the latest petition was filed. After that contract got awarded to a partnered subcontractor, and I have the employer-subcontractor agreement. I report to my manager that's an employee of the employer, now an employee of the subcontractor. I have monthly status/task reports on my company's letter head prior to contract renewal, and on subcontractor's letterhead post renewal.

The letters concerning my job description my employer gave is as of when the petition was filed, and it's not as of now. I have brought this up with my legal representative of my company, and he persisted that it's not a big issue. While the nature of work and the contractual obligation stays the same, the only thing changed is subcontractor coming into the picture and my manager switching to being a subcontractor employee.

My employer is a relatively large 500+ employees company. They have a bunch of contracts and in house projects as well, all of which I have the paperwork for with me

Well you can only go with what you have...cant say for sure how the VO would react. The nature of this arrangement may prompt a Admin processing.

Is it possible to transfer the H1 directly to the Subcontractor as then it would give more weight age as number of layers reduced, just a suggestion.

This is my opinion not legal advice.

[mutatis_mutandis]

Well you can only go with what you have...cant say for sure how the VO would react. The nature of this arrangement may prompt a Admin processing.

Is it possible to transfer the H1 directly to the Subcontractor as then it would give more weight age as number of layers reduced, just a suggestion.

This is my opinion not legal advice.

True then in that case I can easily prove employer-employee relationship on the basis of my work at the client side too. However, the management decided to keep me (and most of the team) an employee of existing employer, and it's too late now as I have already made preparations for my travel. What should I do now to avoid an admin processing? What additional documents do I need to ensure a safer bet?

That reminds me, my first employer after graduating (more than 5 years ago) was a case where I was completely under control of the client, supervised by the client, employment dependent on the client. Do I still need a client letter for a previous job more that 5 years ago? My then supervisor at the client is no longer working there and I haven't been able to get in touch with him for a while.

[raghvi]

True then in that case I can easily prove employer-employee relationship on the basis of my work at the client side too. However, the management decided to keep me (and most of the team) an employee of existing employer, and it's too late now as I have already made preparations for my travel. What should I do now to avoid an admin processing? What additional documents do I need to ensure a safer bet?

That reminds me, my first employer after graduating (more than 5 years ago) was a case where I was completely under control of the client, supervised by the client, employment dependent on the client. Do I still need a client letter for a previous job more that 5 years ago? My then supervisor at the client is no longer working there and I haven't been able to get in touch with him for a while.

You dont need previous client letters.

This is my opinion not legal advice.

[mutatis_mutandis]

You dont need previous client letters.

This is my opinion not legal advice.

Hello:

I wanted to update on the latest developments:

- After explaining my case to my current supervisor, he stated that he is my supervisor officially, but I continue reporting to the old supervisor (now an employee of subcontractor, previously an employee of same employer) for convenience, and there is nothing wrong with it. he also asked the legal dept. to update the documents with current org charts and mentioning him.
- My legal representative has stressed that no additional documentation or modification is necessary.
- My supervisor retracted his statement and asked me to follow the legal advise
- The old supervisor, mentioned as my current day-to-day supervisor, and that transferred her employment to subcontractor, says she doesn't know what to do, and let her know what I exactly I need from the subcontractor.

Please help if this makes any sense, or what should be my next recourse.