221g : Requested "Letter to USCIS"


rsvravikiran

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My interview for H1B was done on 19th Jan 2012 at Hyderabad consulate. They have asked for the documents supporting I-129 and I showed them but one of the document was missing which is "Letter to USCIS". They gave me 221g white form specifying to get the document "Letter to USCIS" from my employer.

I found out from my employer that they don't have that letter and they didn't file one for H1B.

In this case, what action I need to take to get the "Letter to USCIS". My employer says that they can't give this letter now as the H1B was approved in the past and why do they need this letter now? This is a direct client.

Please advise.

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From what i understand, Letter to USCIS is the letter the employer writes to USCIS while requesting your H1 classification explaining what the company is, what the position is, how is beneficiary suitable for the position etc.... and requesting them to approve the case.

They should have submitted that letter to USCIS while applying for H1

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@rsvravikiran

"Letter to USCIS" is the cover letter that is sent to USCIS along with I129 when your H1B was applied.

It is written on your company letter head. That letter contains the name of employer, work location, job duties, your skills. etc.

Every H1B petition needs this letter. I'm surprised your company has not sent this to USCIS. (They might have sent it but may not know it is called "Letter to USCIS.") .

I would suggest you contact your employer again ask them to examine all the documents they sent to USCIS. If they don't find it then you will have 2 options.

1) Fresh letter from your employer addressed to consulate, explaining that you have not sent any letter to uscis.

OR

2) Back dated "Letter to USCIS" with the date same as the day I129 was filed.

I'm not a lawyer, so take any legal help from your employer of you can contact any immigration lawyer.

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