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  • H1B Interview

    Hi Friends,

    I am planning to attend my H1B interview in Feb, actually my H1B application got approved in 2008,till now I did not appear for the stamping because of the downtrend in US.I have been working for the Big MNC India.

    My sponsored company is consulting firm and they do have 3 in-house projects, (110 employees) .My Company not going to give Client letter.

    I heard some new rule has come on Jan 8th; how it’s going to affect me??
    Please share some valuable inputs..and suggestions..

    Waiting for replay…….

    Many thanks,
    Raj
    Last edited by rajasekhar84; 01-25-2010, 07:17 AM.

  • #2
    Wait...

    Raj:
    Whatever you heard is true. Without client letter, they will give you 221g. That is sure. And after that, once your sponsered company will not give them the client letter as they will not be having any client here ready for you, your visa will be rejected.

    Instead of wasting your visa and getting one negative count, I advice you to wait for some more time to get the market normal in US. Anyways, you are not loosing any of your h1b time. The h1b time will be considered for 3 + 3 = 6yrs from the date you land in US not from the date your h1b approved. So, no need to worry about that part.

    I am not legal adviser, just sharing my views. So, it is better to get some help from the attorney in US.

    Originally posted by rajasekhar84 View Post
    Hi Friends,

    I am planning to attend my H1B interview in Feb, actually my H1B application got approved in 2008,till now I did not appear for the stamping because of the downtrend in US.I have been working for the Big MNC India.

    My sponsored company is consulting firm and they do have 3 in-house projects, (110 employees) .My Company not going to give Client letter.

    I heard some new rule has come on Jan 8th; how it’s going to affect me??
    Please share some valuable inputs..and suggestions..

    Waiting for replay…….

    Many thanks,
    Raj

    Comment


    • #3
      Hi Milda

      many thanks for your valuable information,i am already holding B1 visa,I am planning to attend Stamping with Inhouse Project.

      i dont know its right idea to attend the stamping interview with Inhouse Project..??

      Suppose if i attend interview after couple of days(say 4 months),if i attend stamping interview,for how many days i will get stamping?? 3 years or 1.6 years(i filed my application in 2008 april).

      please clarify my doubt

      once again thanks for your valuable info.

      Regards,
      Raj
      Last edited by rajasekhar84; 01-26-2010, 06:42 AM.

      Comment


      • #4
        If they really have an in-house project (are you sure?), they need to give you a very detailed documentation of that. You have to be convinced yourself that the project is legit, only then may you try and convince the VO.
        This is my opinion and not legal advice.

        Comment


        • #5
          Clarification

          Here, for e.g. after 4 months if you are going, you will be getting the first stamp for 1.6yrs. But after that again you can reclaim rest of the 4.6yrs, that is sure.

          And for inhouse project with small consultancies, the visa officers are very cautious. Till this time maximum small consultancies applied this term "in house project". But now no more they are allowing, or they will ask you n-number of questions from each and every angle about this in-house project. So, be sure and check with your employer, if they can give you valid proofs why that project can be done only in US, then only go for stamping. If your employer is not clear about giving any details then understand the fact.

          Here, I am not discouraging you, but trying to share my views on the real facts going on here.

          But as I told, I am not legal adviser, just sharing my views. The best advice you can get from your employer's lawyer.

          Originally posted by rajasekhar84 View Post
          many thanks for your valuable information,i am already holding B1 visa,I am planning to attend Stamping with Inhouse Project.

          i dont know its right idea to attend the stamping interview with Inhouse Project..??

          Suppose if i attend interview after couple of days(say 4 months),if i attend stamping interview,for how many days i will get stamping?? 3 years or 1.6 years(i filed my application in 2008 april).

          please clarify my doubt

          once again thanks for your valuable info.

          Regards,
          Raj

          Comment


          • #6
            Clarification

            Hi Kabkaba,Milda,

            Tons of thanks for your valuable information,I am thinking to file new H1 from some good company this year (2010 april),do you think its right idea.??

            If i attend the stamping interview with existing one,if VO issued 201g ,my employeR not ready to provided the documents requested by VO,in this case can i use new H1 ??

            because i havnt payed single rupee to my current employer,that why i am planning to attempt.

            thanks...

            Raj

            Comment


            • #7
              Answer...

              Raj:

              Here it is good that you haven't paid a single money. So, if you will get a 221g or get rejected then whatever h1b filing money will go, that will be your petitioner. So, here moneywise you will not be loosing anything. But when you willl go second time with some other petitioner, the rejection entry will be there against your name/passport number. So, in one or another way it will create an unnecessary problem for you in the future. So, my suggestion is, if your current petitioner is not ready to give any doc, then it means that they don't have any project. So, forget them and find some full-time (good) company who can give you the clear directions.

              [I am not legal advisor, sharing my experience only. Please get assistance from legal attorney.]

              Originally posted by rajasekhar84 View Post
              Hi Kabkaba,Milda,

              Tons of thanks for your valuable information,I am thinking to file new H1 from some good company this year (2010 april),do you think its right idea.??

              If i attend the stamping interview with existing one,if VO issued 201g ,my employeR not ready to provided the documents requested by VO,in this case can i use new H1 ??

              because i havnt payed single rupee to my current employer,that why i am planning to attempt.

              thanks...

              Raj

              Comment


              • #8
                Go Ahead

                Unless your sponsor is a consulting firm without any In-House projects and places it's employees as contractors at 3rd party client locations, you are not required to carry a client letter.

                If your sponsor is a product based company or a company who does In-House consulting work for 3rd party clients, all you need instead of a client letter is a letter from your sponsor/employer mentioning that you are a full time employee and will be working from their XYZ office location on ABC project. Make sure you take all the documentation for the specific project that you will be working on which includes Scope documents, time lines, project manager details etc.

                According to the new amendment that was released on Jan 08, 2010, if your company does consulting work for a 3rd party client at your company's location and you report to a manager who is also an employee of your company, then your scenario falls under valid scenarios. However, make sure you carry all the relevant documents like Statement of Work etc that was agreed upon between your company and the 3rd party client.

                Hope this helps!

                Regards,
                Kalyan Verma

                Comment


                • #9
                  Hi ...

                  many thanks guys,,

                  I will speack with my sponsered company,if they are ready to give evry document,then i will go ahead,other wise i wl look in to other option to find good company.

                  Thanks frnds,
                  Raj

                  Comment

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