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221g for H1b VISA Stamping @ Chennai - Change of Client and in location

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  • 221g for H1b VISA Stamping @ Chennai - Change of Client and in location

    Dear Friends and Seniors,

    This is related to 221g slip due to 'change in client' and 'work location' for H1b VISA. Please look at my case carefully and advise me if I can still have a hope on the visa.

    When I was in Mumbai, I've had my H1b petition filed and got approved in 2008 from my employer (that is a well known IT firm and has 'BEP-Business Executive Program' enabled with US Consulate). The H1b petition is valid upto 04-Sep-2011. H1b petition was actually filed for CLIENT-A at Chicago, IL location. However, in 2009, I had been selected for another assignment for a project to work for CLIENT-B based out Minneapolis, MN. I did not go for stamping yet. I've been working for CLIENT-B since 2009.

    One month ago, in January 2011, I've been assigned a new role to work with Client at Client Location - Minneapolis, MN. ODC wing of my employer arranged a new LCA for Minneapolis Location for Client-B and scheduled VISA Stamping interview at Chennai US Consulate on 25-Feb-2011.

    Yesterday, 25-Feb-2011, I attended Visa interview at Chennai. The Consular officer asked me three questions. (1) What is my highest qualification degree (2) What's my role in the employer and (3) who is my client. I answered to those promptly. The third question I answered 'CLIENT-B'. The VO had then pointed out that the I-129 (Petition for non-immigrant visa) form shows client address as 'CLIENT-A, CHICAGO, IL'. As VO realized that there is a change in Client/ Location, I was asked to show the letter from client stating my new assignment in Minneapolis, MN. Unfortunately I did not have the client letter that moment. --Infact I had never expected this question as I heard that H1b is location specific and there would not be any issues if there is valid and approved LCA. Because I have updated LCA--. The VO then asked whether I have proof of a copy of the contract between the client and my employer for location Minneapolis, MN. I did not even have proof of the contract document that moment. The VO gave me 221g Blue Slip. I was lost there!

    Here are the list of documents that the VO marked to submit.

    FROM PETITIONER:
    (1) A copy of the petition with all supporting documents as filed to USCIS.
    (2) A letter from the client employer sponsoring the project and a copy of the contract between U.S. based petitioner and the client employer, stating the timing, terms and agreements for the project - recent

    The backside of 221g blue slip, following items are highlited.
    (1) Copy or original DS-160 Confirmation Page
    (2) Complete I-797, I-129 (Petition for a non-immigrant visa) form and LCA - Labor Condition Appliation
    (3) 221g letter.
    And Method of submission of documents - "submit the additional documents via drop box using VFS services'

    Q1# My employer is now in process to arrange the client letter. We already have SOW (Statement of work) contract agreement. Please advise me, as I am not sure, whether I need to 'reapply' new 'I-129' for CLIENT-B location? Please throw some lights here.

    Q2#I've never been into US yet. Please advise me if I can still have a hope my VISA approved if all these documents are sent soon to US Consulate. As I mentioned, my petiton is valid only upto 04-Sep-2011 for which only 6 months is left out. How long will the processing be taken?

    Q3# Had I answered to VO that my client is 'CLIENT-A' during the interview, would my VISA have been stamped? Because, all my H1b documents refers to CLIENT-A, Chicago. That means mismatch is only in the location Chicago, but I actually want to go Minneapolis. Since I have the updated LCA for Minneapolis, If I had answered 'CLIENT-A', would the interview been gone fine? If you were in this situation, how would you tackle the case? Please let me know your opinion.

    I believe there would a lot of folks sailing on the same boat of mine. Your thoughts would be much appreciated to everyone.
    Last edited by renynims; 02-27-2011, 09:18 AM.

  • #2
    reninims, Please let me know What's the status of your case

    Hi reninims,

    I am sailing in the same boat. Both Client Change and Location Change, I am working in BEP privileged wellknown employer in chennai. I am appearing interview tomorrow (6 Dec 2011)... so please let me know what what happen to your case?
    Did you got stamped?
    If Yes, How the process gone... How long it took?

    FYI...
    1. I have new LCA
    2. Client Letter from New Client (received via soft copy and took print out)
    3. SOW from new Client (received via soft copy and took print out)

    Other formal documents like I129, I797, Justification Letter available...
    Please reply... Urgent, as my interview is tomorrow morning....

    Thanks,.
    Arasu

    Comment


    • #3
      I have one extra doc....my interview is in 2days

      Hi,

      For me also, the project from where the petition was filed is different from the project where I'll go. In support, I also have the New LCA. Along with that, I have an amendment letter from my employer stating the change in Client and location, but no change in employer-employee relation. It is also mentioned that as the initial and current petitioner are the same, it does not require filing an amended petition.

      Don't know what will happen. Will this suffice?
      Keeping my fingers crossed. Will let you know.

      Comment


      • #4
        Change in client after petition approved

        Hello,

        For me also, the project from where the petition was filed is different from the project where I'll go. So, I have applied for new LCA for the new location and client. LCA is filed and is yet to be approved. What are things further that I have to take care of? Also, will the petition has to be amended which is having the Old client details? If not, how to answer, if VO asks the same question?
        Lot of questions...

        Please reply.

        Thanks,
        Gouri Sankar.

        Comment


        • #5
          Yes, the petition need to be amended.
          https://www.immihelp.com/h1b-petition-amendment/


          Originally posted by GouriSankar View Post
          Hello,

          For me also, the project from where the petition was filed is different from the project where I'll go. So, I have applied for new LCA for the new location and client. LCA is filed and is yet to be approved. What are things further that I have to take care of? Also, will the petition has to be amended which is having the Old client details? If not, how to answer, if VO asks the same question?
          Lot of questions...

          Please reply.

          Thanks,
          Gouri Sankar.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Thank you shervin143. But, some people are saying that newly filed LCA will be enough for stamping process. Still in the confusion state, but need to take a quick decision. Others, Can you please suggest me ?
            Thanks in advance.
            Last edited by GouriSankar; 05-31-2012, 09:08 AM. Reason: added addl content

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