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  • H1B Client Memo instead of Letter

    Hi,

    I got 221G from mumbai consulate on 1st Nov asking for client letter and project documentation. Client is not ready to give client letter but aggrees to give following memo. Can you please confirm if this memo will work and what changes needs to be done in this memo so that my visa will be stamped.

    Memo:

    This memo confirms that XYZ, a full time .Net Developer, will be at our location at address:

    YYYY
    ZZZ
    Fremont, CA

    He is contracted as a Senior Web Developer with the following duties/responsibilities:

    Developer for the YYYY application in the x group. Will be responsible for all development activity from requirements gathering and analysis, design, code, unit testing, bug fixing, deployment and production support. Will interface with Stakeholders at all levels including support partners and management on both the business and technical sides.

    He will be working as a contractor/consultant from ABC Consulting Inc. on the YYYY Project which has a Project Start Date of 10/31/2011 and Project End Date of 05/31/2012 (with possibility of extension).

    While XYZ is working for us as a contractor/consultant, this fact shall not render YYYY liable as employer. Rather, the actual employer company shall function as XYZ’s employer and is responsible for all Immigration issues, Payroll, hiring, firing, controlling his work and any employee benefits according to relevant federal and/or state law, regulations or rules.

    Sincerely,
    XYZ
    Client Manager

    My queries are:

    1. Will this memo work? What changes are required in this memo?

    2. My petition location is San Francisco,CA, but in this memo client has mentioned address as Fremont,CA. will it be a problem? Do I need LCA for this? Distance between SFO and Fremont is 36 miles.

  • #2
    Shervin/ Kabkaba can you please reply as I have to confirm the format?

    Comment


    • #3
      1. Will this memo work? What changes are required in this memo?
      >>> It looks good. I hope you are trying to get this in the letterhead.

      2. My petition location is San Francisco,CA, but in this memo client has mentioned address as Fremont,CA. will it be a problem? Do I need LCA for this? Distance between SFO and Fremont is 36 miles.
      >>> Well, you can mention that your actual work location is SFO and the letter was generated out of the Fremont office. These cities are well within the travelling distance to work.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        1. I got scanned copy of letter from client. It is on client letter head.Should I take color print of it or xerox will do?

        Comment


        • #5
          Also, my signed extension document (SOW CR) has not signed by client, I am expecting it in couple of weeks. But the problem is my Project end date is 31st May,2012. So what will be the best approach?

          1. Submitting unsigned document with client letter?
          2. Wait for document for another two weeks and send both client letter and CR document. The only problem with this approach is that , only 1 month left for my project end date. Will it create problem for stamping? Can officer issue visa for such short period?

          Comment


          • #6
            Shervin, Please help..

            Comment


            • #7
              Take a color copy of the client letter and include it to the list of documents required for visa stamping. Having an unsigned copy of SOW will be of no use. If the VO asks for the SOW, you can provide it later when you get the signed copy.
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment


              • #8
                Thanks Shervin..

                1. If I submit only client letter and not SOW then will they reject my petition or will issue me another
                221G? I knw it is difficut to predict.. but still what are the chances?
                2. In letter client has mentioned project end date as31st may( with possibility of extension). Will this create problem as only 1.5 months left for that?
                2. Do I need to submit original SOW which is expired?
                Last edited by splendor; 04-09-2012, 01:17 PM.

                Comment


                • #9
                  1. If I submit only client letter and not SOW then will they reject my petition or will issue me another
                  221G? I knw it is difficut to predict.. but still what are the chances?
                  >>> Very hard to predict. But there is no use in submitting a SOW that is not signed.

                  2. In letter client has mentioned project end date as31st may( with possibility of extension). Will this create problem as only 1.5 months left for that?
                  >>> You may get the visa only for 1.5 months. See if you can get the client letter mentioning that the project may get extended after the initial contract.

                  2. Do I need to submit original SOW which is expired?
                  >>> You can. But it will be of no use.
                  Not a legal advice. Use of this information is strictly at your own risk.

                  Comment

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