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H1B Visa- Is letter required

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  • H1B Visa- Is letter required

    i am a consulting firm. When I file H1B visa from my consultant would I need to include letter from employer on the site where my consultant will be working?

    Or I can file H1B visa without this letter.

    I do not have this letter because I am looking for job for my consultant we have not got job yet.

    I am filing H1B visa for first time so please help.

  • #2
    H1B is a s fulltime employment. You cannot file a H1B petition if you don't have a job for the person whom you are hiring. Irrespective of whether you will place the employee at the client site or you will provide in-house work or keep him/her without any job, you will have to pay the candidate as per the LCA. Otherwise the employee can file a complaint with DOL and DOL will make you pay and it will spoil the reputation of your company.

    When you file the H1B petition for a candidate, you need to show the work itinerary. If it is an internal project, then you need to give full detail of the internal project like what kind of project, what market you are targetting, market research, how many people will be working, who will manage, technologioes used etc.

    If you are pure consulting company. then you need to have a client letter. The client should provide a letter mentioning the full name of the candidate, duration of the contarct, technologies used, roles and responsibilities of the candidate in the project etc.


    https://www.immihelp.com/h1-visa-hol...ponsibilities/
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      how do i do

      thanks i am pure consulting company. if i find job right now for my candidate they cannot start before oct 1 2012. Normally if company is hiring why will they wait till oct 2012 for candidate to start work?

      i have 50000$ to pay consultant for 6 months. Can I show in H1 application that my company has 50k to pay the consultant for 6 months and apply h1 based on that and also I can tell them I am looking for job for consultant and will file in 6 months and they will start on oct 2012.

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      • #4
        What you are trying to do is illegal. Just because one has 50K to pay they cannot bring in a person from foreign country on H1. They should have work for the person too. Further, you are trying to run a consulting company based on free advice on public forums, immigration process is a lot more complicated then that. I would strongly advice you to consult a good immigration lawyer. This is my opinion, do consult experts.

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        • #5
          thanks i am pure consulting company. if i find job right now for my candidate they cannot start before oct 1 2012. Normally if company is hiring why will they wait till oct 2012 for candidate to start work?
          >>> Yes, that is correct. Why will any client have to wait until Oct 2012 for yuor candidate? But that is an issue between you and the client. USCIS doesn't care about that. Like I mentioned, H1B is a fulltime employment with the person who is filing the petition. The petition gets approve on the basis that you are capable of providing work for the people who you hire in H1B and pay them as per the LCA. They will not be able to approved a H1B petition assuming that you may provide them work by placing at the client site after Oct 1st. H1B regulation is not designed to work like that. If you are running a company, then you should hire a good immigration attorney who can walk you through all the H1B regulations. If the petition gets rejected for lack of documents, then you are not going to get your filing fees back.

          i have 50000$ to pay consultant for 6 months. Can I show in H1 application that my company has 50k to pay the consultant for 6 months and apply h1 based on that and also I can tell them I am looking for job for consultant and will file in 6 months and they will start on oct 2012.
          >>> Just because you have $50,000 in your bank account, USCIS is not going to approve the petition you file. H1B is a work permit. If you cannot show work with proper doucments, then they are not going to approve it. If this is possible, then we will be able to bring anyone from foreign country into U.S based on the balance in our bank account.
          Not a legal advice. Use of this information is strictly at your own risk.

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