URGENT: 221(g) at HYDERABAD consulate for CLIENT LETTER

[kryshna]

Hi,

Today I attended for my H1 B visa stamping. Actually it is my 2nd H1 B ie, H1 B extension.

Visa officer asked for the CLIENT letter. But I do not have the client letter and so 221(g) from has been issued to me asking for the CLIENT letter.

My client is IBM and the actual problem is IBM never gives a client letter.
So my question is, at this situation can I change to a different client other than IBM and submit that new client letter for my 221(g) case stating the reason that the old client IBM is not giving the client letter which is the truth.

Also please let me know the possible options left out to me.

Kindly advise me. It is very urgent to me.

I greatly appreciate your help.

Thank you very much,
kryshna.

[shervin143]

Are you working at the client location or at your employer's office? If you are working at the client location (The LCA and H1B petition might have been filed for that client/location) then if you change the client, then the work location is going to be different and so there should be a new LCA (unless you find another client within the same location) and a H1B amedment.

[kryshna]

Thank you very much Sherwin for your instantaneous reply.

Please confirm that a new petition is not required in my case.

And just a new LCA (if the client location changes) and H1 amendment is sufficient.

Also can you please let me know how much time it takes to file and process the H1 amendment.

Greately appreciate your help.

Thank you very much,
Kryshna.

[shervin143]

LCA will take 10 days. H1B amendment will take 2-3 months by normal process and 15 days by premium. The fastest way is to file an H1B amendment and request the correction under the Premium Processing program.

[shervin143]

If you can provide the SOW between the client and the vendor (some vendors may give it to you if you explain the reason or you can ask them to directly send it to the consulate), that will help in place of a client letter. If you can get a letter (worst case - an email) from the client stating that they cannot issue you a letter as per their company policy, then they might work (provided you include the employment verification letter from your employer and letter from the Vendor stating that you work at the specific client location).

Check the below link for H1B amendment
https://www.immihelp.com/h1b-petition-amendment/

[kryshna]

Thank you very much Sherwin.

Seems my employer is not interested in continuing my case by filing new LCA and amending the H1B.

Actually doing these (filing new LCA and amending H1 B) will bring any negative impression on my employer at USCIS?

Can my employer amend the H1B with an internal project as well? My employer do have some internal projects.

Thank you very much.

[shervin143]

Yes. But how are you going to convince the VO who has issued you a 221g for client letter that you no longer work for a client but in an internal project. It would further complicate your case.

Like I mentioned, try to get a letter from your client stating that they cannot issue you a letter as per their policy. Attach that letter and the Vendor letter (or the SOW between the client and the vendor which is more effective) and include a detail cover letter to the consulate. That may help.

Can my employer amend the H1B with an internal project as well? My employer do have some internal projects.

[kryshna]

Thank you Sherwin.

But I already tried all the possible options to get some sort of proof from my manager at the client, nothing worked out. My manager is not even replying to such emails.

So do you think that getting client letter from a different client will work better than for an internal project. Actually my employer do have an internal project for AIG.

Can not I convince VO that my earlier client did not issue a client letter, so only I had to quit my old client and now going to work for an internal project. If internal project is not a better option then I will try for a new client who can issue a client letter.

Please advise. It is very important to me.

Thank you very much.

[shervin143]

You can definetely try. If the visa gets rejected, then you will have to find a new employer who can sponsor you.

Thank you Sherwin.

But I already tried all the possible options to get some sort of proof from my manager at the client, nothing worked out. My manager is not even replying to such emails.

So do you think that getting client letter from a different client will work better than for an internal project. Actually my employer do have an internal project for AIG.

Can not I convince VO that my earlier client did not issue a client letter, so only I had to quit my old client and now going to work for an internal project. If internal project is not a better option then I will try for a new client who can issue a client letter.

Please advise. It is very important to me.

Thank you very much.