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0 votes
Please help if anybody came across this situation.

I came to India on vacation and need to get my H1B visa stamped in order to return back. I got 221g form at Mumbai consulate and am asked to provide end client letter. I was working in a project at client site through the project sub-vendor who had corp-to-corp contract with my employer. Unfortunately, the client project got terminated for some reason after I came to India. Consequently, my position in the project was also dismissed. I managed to get a letter from the sub-vendor and provided that to the consulate along with my client ID card. However, the consulate has responded back that they need letter from the end client without which they cannot process my application. I am unable to get the end client letter now due to closure of the project and my position. Further, there are no other projects with the same client where I can be placed. My employer is planning to position me at one of their client's project and get me a letter from them. However, I am unsure what this process would involve and how long it might take. I and my family are going through mental agony and stress due to the uncertainty. Any suggestion / advice / useful insights into this situation or similar personal experiences would really help.

Thank you!
asked in H1B Visa by (220 points)

3 Answers

0 votes
If the employer is planning to place with you a different client at different location, then the process is new LCA, H-1 amendment, new visa stamping using amended petition.

If the new client is at same location, then just submit new client project letter for the issued 221g.
answered by (286k points)
Thanks Saurabh! It would mostly be a different client at different location. Any idea on the timelines in that case?

Are there any other options you suggest to speeden up things? How about H1 transfer?
You can check the processing time for I-824 online for your processing center. It may be 3-6 months.
My employer has got client letter from one of their direct clients in the same state, but not same city. I assume H1 amendment would still be needed.

In that case, can I submit the new client documents to Consulate after LCA is approved and H1 amendment is filed?
I am not sure if you can appear for stamping w/ pending amendment or not. You should check w/ your attorney.
My employer says that it is not required to file the H1 amendment petition as I am outside the country (US). Amendment will need to be filed once I am back.

Can anyone please help to validate this?
So your employer is saying that they would submit a different client letter as response to to current 221g, correct?

Won't consulate see that there is a difference in location and amendment is required.

When you appear for stamping with I-129 and LCA for location A, the assumption is that you will work there. If you submit location B documents, then that assumption becomes invalid and could result in denial.

Amendment is not required to be filed while you are outside US, and could be filed after you enter US. However, you are stuck in 221g and so amendment is needed prior to entering US so that your stamping can be approved.

Did you talk to just your employer or your attorney? If the attorney has same opinion as your employer, then there is not much you can do except trust them. They are the legal experts and are expected to provide advice that results in approvals.
Thanks for your response. You are correct, a different client letter in response to current 221g. I missed to add that my employer is filing the LCA amendment for location B. I will have the approved lca for new location when I appear for stamping.

The question is about H1B amendment. As they are saying it is not required to be filed when applicant is outside the US. But going by your response, it looks like that condition is not applicable for 221g cases, and it must be filed before I can go for stamping.

Meanwhile, I am also checking with my attorney about this. But please let me know if you have any further thoughts on this.
0 votes
Thanks Saurabh! It would mostly be a different client at different location. Any idea on the timelines in that case?

Are there any other options you suggest to speeden up things? How about H1 transfer?
answered by (220 points)
0 votes
Hello, I am also in a same boat.

They asked me to evidence stating that there is a vacancy for you but i have client letter and vendor letter. I am not sure whether i can submit the same client letter.
 

Thank You
answered by (160 points)



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