H1 stamping without client letter - Small IT company

[Ritz1981]

Hi All,

Here's my case:

My visa has been rejected twice in last 6 months. Now a small Indian IT company (it's NOT a staffing or consulting comapany. It's work model is just like an IT Giant company but compared to them this company is very very small) with their offices in India and in US (with a total employee strength of 50 - 100 people), is trying to file an H1 for me.

They have client PO applicable for all the team members on the project but client do not provide a "Client Letter" for each individual as the project

is executed from both India and US Employer offices.

Could there be any issues at the time of visa stamping or you think I will be fine?

[lostpacket]

Good luck and please let us know how it goes.

[Ritz1981]

Thanks but I still didn't get answer to my question....does anyone think that my case is strong?

[JoeF]

If they have clients they are a consulting company.

Client letters are needed if the employer is a consultant.

If the employer creates their own products, i.e., if it is not a consulting company, then stuff like marketing material for the product, product description, etc. would be needed. Such a company doesn't have clients, they create and sell their own products.

[Ritz1981]

Thanks JoeF. But as far as my knowledge, Client Letter is required only when you are going to work at client location.

i.e. when there is a job vacancy for you at their location. If the project is outsourced and executed at your employer's office, then what is the relevance of such a letter?

[JoeF]

Thanks JoeF. But as far as my knowledge, Client Letter is required only when you are going to work at client location.

i.e. when there is a job vacancy for you at their location. If the project is outsourced and executed at your employer's office, then what is the relevance of such a letter?

The purpose of the client letter is to make sure that the person actually has a project to work on. Lots of shady consulting companies put people on bench if they didn't have a project. And being on bench without pay is not allowed.

What you mention is more an issue of the employer-employee relationship. If you work on the project in your employer's office, on the employer's equipment, then the employer-employee relationship shouldn't be much of an issue.

[kingvijay]

"If the project is outsourced and executed at your employer's office, then what is the relevance of such a letter?"

In this case, my best guess is the VO will be looking for a letter from your employer with full details about the in-house project, which is what they ask of all full time employees. I remember seeing details about such a letter in Hyderabad consulate documents check list, check it out.

Since it is an IT outsourcing firm, they might also be interested in proof of the company's ability to pay you as per law, client PO for the project (not for specific consultant) may be helpful here.

[Ritz1981]

Thank you JoeF and KingVijay

Last couple of questions.

I am going to provide client PO and detailed description of the project. Do you think this and the other details mentioned above are sufficient enough for VO to consider my company "genuine" and not one of those shady consulting companies? If they hand me over 221g AAP slip, whom do you think they might contact? My employer or the client?

[JoeF]

The fact that you are working in your employer's office should make your case relatively easy. Besides the PO, they are looking for the employer-employee relationship, and you have a huge advantage there.