H1 Extension with Just Contract between Implementation partner and employer

[KumarH1BUSA]

At present, I am working for a Client "A" through an Employer 

Now I got another Remote opportunity with Client "B" in a different state and now I want to move and work at my employer place(sitting at my employer office)

For the second opportunity which is Remote, I will be working for Client "B" through the Implementation partner.

I have to apply Amendment and H1 Extension this month, so when I asked my Implementation partner to provide the Client letter they mentioned that we are a Client for your Employer so you don't have to provide end client letter.

So can I apply for H1 Extension just with the contract between Employer and Implementation partner ? is it going to be any problem?

 

Thanks

Kumar

[NotAnAttorney]

Atleast the implementation partner should provide their MSA with the client along with a letter stating that they are using your services for client, and you are an employee of the employer name.

Doing above will close the loop.

[gopalakrishnach]

Now a days we are getting 221G for EVVC model. In your case they might ask who is your end client. They might ask SOW between IP and client

[User099]

It will depend on how the contract is between all the parties. Run this by an attorney with a sample letter that Client B might give you. Even if you apply for amendment it will be risky to move on receipt notice. It will be best to wait for approval to join. 

[KumarH1BUSA]

My Implementation Partner is saying that they are the Client for my Employer and they don't have anywhere my name in the contract between the actual client and my implementation partner. So I am thinking to apply for H1 Extension with no End Client B in the picture, so with that its only Employer --> Client(My Implementation Partner).

[User099]

Who pays your employer, is it the end client or the implementation partner? As long as the Client is ready to give you a letter that states they deal directly with your employer and implementing partner is not mentioend in the letter you will be fine.

[gopalakrishnach]

Yes you can do that.

[NotAnAttorney]

In that case, are you working at your implementation partner's work site?

[KumarH1BUSA]

Implementation partner pays 

On 2/12/2020 at 8:12 AM, User099 said:

Who pays your employer, is it the end client or the implementation partner? As long as the Client is ready to give you a letter that states they deal directly with your employer and implementing partner is not mentioend in the letter you will be fine.

The implementation partner pays the amount to my employer, here we are treating implementation partner as a client itself because they own the project 

[KumarH1BUSA]

On 2/12/2020 at 4:06 PM, NotAnAttorney said:

In that case, are you working at your implementation partner's work site?

No. I will be working be Remotely 

[User099]

On 2/15/2020 at 3:51 PM, KumarH1BUSA said:

Implementation partner pays 

The implementation partner pays the amount to my employer, here we are treating implementation partner as a client itself because they own the project 

If that is the case, then there is no direct relationship between your employer and End Client. But mostly the End Client is the one that would be treated as an Client and the Implementation partner will be treated as a vendor (also depends on the nature of business of your Implementation partner). 

If the End client is ready to give you the letter, then I am not sure why/if the Implementation partner will have any issues with it.