H1b interview - client letter

[Harrykris]

Hi all

need some suggestion,

I was working in usa in 2020 for a consultancy for a reputed client and has a Indian company as a vendor in between. My company filed for Perm and as it was not approved I moved back to India in dec 2020. The Indian company hired me in India and I am still working for the same project and client from India in night shift while waiting for my immigration process to progress.

in this one year my PERM is approved and i140 approved and H1B extension is approved and have to go to interview.

my question is regarding the documentation for interview. My client is not giving out client letters and the company that hired me in India is saying that they can’t give out letters to full time employees.


would this be a problem for stamping?

is this something that I can explain to the officer that the client is holding on to me so I would return?

Appreciate your responses and suggestions.

Thanks and Regards

‘Hari Krishna

[rkk09]

Hi Member,
First you will need to clarify, who has filed your H1B petition? Is that client or Employer who involves in this project? Please make sure, the word, Full time Employment can be given and mentioned only by US petitioner not end client( If you work for third party place and they are not your Employer)
This verbiage is very important to mention in the letter by US petitioner.
All the best.
Thanks

[Harrykris]

Hi thank you for responding. My H1 was filed by my employer in USA. So it was my US employer- vendor-client.

since I was waiting for my perm to be approved I moved back to India and currently working with the vendor mentioned in above line for the same client and project.

My client allowed that as they did not want to loose me.

now that my H1 is approved they are looking for me to come back. Can I simply explain this to the visa office? or should I show my employment letter in India?

‘thanks and regards
hari krishna

[rkk09]

Hi Member,
If you work with vendor in India who involves in the US project then you can get vendor letter from them.. If you dont have client letter, that is fine. But, you will need Employment letter or Offer letter from your US Employer.
Letter from your India Employer will be considered as Experience letter. This will not make any useful for H1B stamping Interview. For H1B Stamping Interview, Mainly you will need to confirm to Officer that Job is still available at LCA location, Employer who sponsored your H1B is actually holding right to control on you. Position is specialty occupation.
You will need to have Project related documents for sure.
Thanks