H1B Amendment - No client letter


Aarav27

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Hi,

 

I work as a contractor under E-V-C (Employer-Vendor-Client) model.

As per the new USCIS rule, my employer filed H1B Amendment and got RFE.

USCIS asked for client letter in RFE but, my client has a policy that they do not provide a client letter. Also, they can not even provide a memo/email saying that they do not provide such letter.

So, we replied to RFE without any client letter/memo. However, we provided other supporting documents to ensure my work assignment with client.

 

Its been a month time but, we did not receive response from USCIS.

What are the chances of getting H1B amendment approved without a client letter?

Also, my H1B visa is expiring in Sept-2016 and I am planning to file extension within a month.

 

Please suggest.

Thanks.

 

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  • 2 months later...

my H1B Amendment approved without client letter:

 

As usual Client refused to give me client letter and then I collected below evidence for RFE.

 

1.     Vendor Supporting letter# A

2.     Work order document only copy from vendor A. (no contract documentation between primary vendor and client due to contractual limitations and confidentiality reasons.)

3.     Supporting Email from client side Manager (very Important - showing official emails id)

4.     Supporting Email from my client side Team Lead (showing official emails id)

5.     My approved Timesheets from client system + paper timesheet for my employer

6.        Client side Organization structure, highlight my name 

7.     My office ID access card

8.      My State Id (residential prove)

9.      Work location photos (my desk etc)

10.  I94 + Passport copy (as I need i94 date extension along with H1b Amendment)

11.  Print outs of projects work emails between team.

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You don't work as a contractor. You work as an employee. Working as contractor is not allowed on H1.

Your employer may send you to a client site, but that does not make you a contractor.

You generally need a client letter, and there also is the employer-employee relationship, meaning that your employer has to control your work. Can your employer show up at the client site and ask about your work?

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  • 4 months later...
On 8/9/2016 at 10:43 AM, tariali said:

my H1B Amendment approved without client letter:

 

As usual Client refused to give me client letter and then I collected below evidence for RFE.

 

1.     Vendor Supporting letter# A

2.     Work order document only copy from vendor A. (no contract documentation between primary vendor and client due to contractual limitations and confidentiality reasons.)

3.     Supporting Email from client side Manager (very Important - showing official emails id)

4.     Supporting Email from my client side Team Lead (showing official emails id)

5.     My approved Timesheets from client system + paper timesheet for my employer

6.        Client side Organization structure, highlight my name 

7.     My office ID access card

8.      My State Id (residential prove)

9.      Work location photos (my desk etc)

10.  I94 + Passport copy (as I need i94 date extension along with H1b Amendment)

11.  Print outs of projects work emails between team.

Did you file in premium processing ?

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  • 1 month later...

I am currently in the similar situation, My client does not provide client letter.  Need a favor from you to deal with the situation. I have Client -> vendor management company -> vendor -> my Employer - Me.

 I filed my visa amendment in premium processing and got RFE.  I have i797 approved until sept 2019 for location A. I recently moved to location B and filed amendment for new client and location with letter from vendor management company,  the end client does not provide client letter.

In most of the forums I read people saying that without client letter the amendment approval is not going to happen.

My question  :

if I do submit amendment rfe response and if it gets denied do I also loose the approved i797 for my initial location A?

If I do not submit rfe response , am I still legally eligible to continue working in location A without any additional paperwork?

Can you please also share what was the content of the following

3.     Supporting Email from client side Manager (very Important - showing official emails id)

4.     Supporting Email from my client side Team Lead (showing official emails id)

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