H1 Stamping when dealing with Sister Vendor companies

[iham]

Hi everyone, I would really appreciate any suggestions about this issue. I have a little complicated situation wondering how it would pan out if I have to go for stamping.

A - My company

B - Client

P - Vendor dealing with my company

Q - Vendor dealing with the client.

(P & Q are sister companies while "P" being the big company who takes care of the financial things. "Q" is the branch of the "P" which specifically deals with certain clients)

The reason why I am sure about P & Q being sister companies is that when I ask the letter from company's they said they would give me the proof that those are sister companies.

So I have been contracted through vendor "P" and my Purchase Order is with Vendor "P", I don't know what kind of agreement goes with Sister companies but client only knows Vendor "Q".

I have tried to file the H1 Amendment first, so I have contacted my Lawyer and explained all this situation.

and they said me that in the contract Vendor "Q" is not mentioned so they don't want to show relation about the vendor "Q". So they asked me to get the Vendor letter from the "P" stating that I have been contracted like this (A --> P --> B) and I got it and my lawyer filed the H1 Amendment. I got a query still trying to find out what the query is but vaguely they mentioned that its regarding to submit (1. Client letter 2. Paychecks). I will get more details on next week.

So when I go for the stamping I guess my lawyer would suggest that I only show relation between (A --> P --> B)

Client say that they would give the letter but they would mention only vendor "Q", but my lawyer said they are not showing the relation of the vendor "Q". So I didn't get the client letter.

I have few questions, wondering if any one have any information to share. I would really appreciate.

1. When I go for the stamping is it a wise idea to show all this relation between (A --> P --> Q --> B) and mention that P & Q are sister companies? I am worried that it would be confusing to the VO.

2. If I did not mention the Vendor "Q" in any of my letters is there any way that VO would know about the Vendor "Q"?

3. When I am trying to get client letter, I am planning to ask the Client not to mention any Vendor information in the letter. A letter like that would be any value? (I will establish the relation in the Vendor letter that I am getting from "P")

4. If in the contract vendor "Q" is not mentioned then would it really be ok if we not show the relation to "Q" in any letters?

Sorry for such a big explanation but I don't know how else to put it.

[h1batvancouver]

@iham

As you said, your PO/contract agreement is with company "P" . Company "P" will be your prime vendor.

Employer >>P >> Client

Do you have kind of legal agreements with company "Q"? If not you cant exclude company "Q" dont worry about it.

If you have any kind of legal agreement with company "Q", Its better you show with supporting documents.

Thanks

[an0n]

The VO is going to decide your case based on the documentary evidence YOU provide. If you say agreement is with A ---> P ---> B (a.k.a EVC model) and you provide clear documents he will not know about Q.

It is always best to provide the correct information to the US Consulate. So, even if a 221G or client verification, the information provided by all concerned parties to the us consulate will be consistent. But, you have already engaged the services of a lawyer, best to follow his advice.

It seems like you are operating on EVVC model which is perfectly fine provided you can convince officer that you are adhering to the H1B regulations.

[iham]

Thanks so much for all your input.

My company has only legal agreement with company "P". But there maybe be a legal agreement between company "P" and "Q" I am not sure.

But for the client I know for sure that it has only legal agreement with company "Q".

I am not sure if I would be falling under "EVC" or "EVVC" when I am dealing with sister companies.

I tried to explain this to my lawyer about presenting the genune case that we show relation like this

A --> P --> Q --> B but they are not concern about it. I am also under the impression that even under the worst case if I have a query then I can show the correct order of relationship and even in the verification process it would consistent.

I haven't made this as a big deal because I was under impression that attorneys would have well thought it through. Thats why I would really need your advice so that I can talk to my attorney about this.

At the end of the day I don't think it would come down to what the legal agreements that my company is holding, I think it would be the verification process that USCIS do which would play a major role in deciding the H1B visa stamping in case of query.

[itsmeusa]

@iham - US consulate would entertain / hold high the client letter only. Vendor letters may not be that influential. So you definitely need to get client letter. As Q is your client's vendor, you would need to show proof that establishes relationship between Q and your employer, even if it's thru another vendor. I am working in EVC model and recently got my H-1B stamped in Toronto, Canada. For 221-G processing, US consulate asked me client letter and talked with client manager. They didn't contact vendor company. However, for back-up plan, I informed vendor company too. But vendor was of opinion that US Consulate would not contact them and that's what happened in reality. Hope this helps.

[iham]

@itsmeusa, can you please tell me when the USCIS contacted your client did they verified that are you contracted through which vendor company? or they just verified that you are working at the client place?

If they verified the primary vendor details then I will get the client letter with vendor company Q.

I completely understand that I should get the client letter. But the question is should the client letter show the relation between client and company Q ? or can I get a client letter just mentioning I am working there? (I already have the vendor company "P" giving letter that has relation A --> P --> B. Thats why I am thinking to get the client letter just mentions that I am working at client location and no vendor details).

My only chance of getting the client letter is I can either get a letter just saying that I am working there or I can get a client letter that mentions company Q. (which my attorny is saying we don't need the client letter with relation to Q, but I just cannot understand why, maybe because as I mentioned they are only thinking its not in legal document)

My client will not give the letter with relation to company "P" or my company (which my attorney is asked me to try and get it)

My sister comapanies are saying that they would give the letters as I want because thats the legal connection between those companies. In all the vendor letters I can show the relation between (Q --> p --> A).

any advice?

[itsmeusa]

@iham - My client manager was not asked about vendor company. However, I had letters from client, vendor, employer proving EVC model as I had them stated it explicitely in all letters.

Like you added, you would definitely need a client letter and the letter from so-called sister companies to get the complete connection as EVVC model.

I don't understand why your lawyer is of opinion you would not need client letters.

Best of luck!

[h1b_life]

Its End-client --> TCS --> CMC -->Vendor --> Your employer --> you.

TCS and CMC are sister concern in India, not in USA,here they are separate companies.

So TCS signs a contract with end client for project implementation and CMC signs contract for resource through vendor/employer. Now CMC and TCS are playing against the rules of free market as they buy resources only from each other. To avoid this paper-trail, they do not provide any letter relating each other. hence you will not see the letter!! And client does not know anyone except TCS, so they wont issue any letter to include name/s of any other companies ie your employer etc. Hence my friend is your problem. Got the HR and bigger picture.

Enjoy!!

[Tamarind01]

Hi,

Can you pls share ur experience. I am in similar situation with client -TCS -cmc - my employer.