H1B Stamping without cliebt letter

[reddymm]

Hi,

I have my visa appoitment @ Vancouver CA.

Am on EVVC model and my client will not provide client letter as per their company policies.

My Prime vendor is the implementation partner for my client and they can provide me a letter showing their relation with the client and my role in the project.

My client manager said he can give me an email whith the content : As per our company vendor management policies we can't provide any physical letter for "Contarcator Name" .

Please let me know if I can use above email from client manager and letter from prime vendor as an evidence for client letter?

Thanks,

Reddy

[shekar11#]

That should be fine. If client is not giving letter you cannot help it. But take some client site and your desk pictures if possible and also letter from manager stating thay cannot issue client letter.

[JoeF]

You need a client letter.

Without client letter, a denial is likely.

[Hank_82]

Hi,

I have my visa appoitment @ Vancouver CA.

Am on EVVC model and my client will not provide client letter as per their company policies.

My Prime vendor is the implementation partner for my client and they can provide me a letter showing their relation with the client and my role in the project.

My client manager said he can give me an email whith the content : As per our company vendor management policies we can't provide any physical letter for "Contarcator Name" .

Please let me know if I can use above email from client manager and letter from prime vendor as an evidence for client letter?

Thanks,

Reddy

What you are saying as the end client, is actually end USER, not end-client, in your itinerary. Check with the experience attorney. Your end client in this case, is your prime vendor who is providing you letter, so should be good. Your End USER will not provide the letter, so they don't have any specific contract for you. They have contract with implementation partner for the project, not specifically for you.

[rahul412]

What you are saying as the end client, is actually end USER, not end-client, in your itinerary. Check with the experience attorney. Your end client in this case, is your prime vendor who is providing you letter, so should be good. Your End USER will not provide the letter, so they don't have any specific contract for you. They have contract with implementation partner for the project, not specifically for you.

If the work location is different from Prime vendor's location then prime vendor is not the end-client. And if OP is in this situation, then he needs client letter.

[Hank_82]

If the work location is different from Prime vendor's location then prime vendor is not the end-client. And if OP is in this situation, then he needs client letter.

Not accurate. I was in the same situation, back in 2011, and in the interview, was being asked specifically about it, as my end "user" did not give the client letter. At that time, consulate was being explained that, in my itinerary, the specific SOW (Statement of Work), Word Orders for me, was not between Implementation Partner and End User. Implementation Partner and End user usually have umbrella agreement, without any specifics about any individual contractor's name or SOW. End client is the one, ultimately being directly benefited from contractors service, and that is, the implementation partner, as they put you for the project they manage / co-manage to work for them and get benefited from the contractor's work. In this situation, the end client could validate the work-site location, as well, confirming where the project is being managed and where the contractor will be working or is working.

Most of the times, these implementation partner would portray the contractors as their full-time employees to their end user (credibility concerns), so the end user have no legal liability to write a letter confirming the contractors employer, need etc. unless, they themselves review contractor's daily work. At the most, they could sometime confirm that so-and-so person is working at the current work-site from so-and-so date, which also sometime, not all end users are willing to give due to legal concerns of no valid itinerary. An experienced attorney is always best to consult the individual's situation.

[rahul412]

Most of the times, these implementation partner would portray the contractors as their full-time employees to their end user (credibility concerns), so the end user have no legal liability to write a letter confirming the contractors employer, need etc. unless, they themselves review contractor's daily work. At the most, they could sometime confirm that so-and-so person is working at the current work-site from so-and-so date, which also sometime, not all end users are willing to give due to legal concerns of no valid itinerary. An experienced attorney is always best to consult the individual's situation.

That's correct.

So in your case, on I129 what was the work location??employer location or location where you work??

[reddymm]

My LCA has the address of my End User, I work at the End user location.

The implementation company( My prime vendor) also sits at the same location and allocates work for me.

I will get a letter from implematation partner which shows what services I provide to end user at end user location.

Also I will get an email from End user saying they can't provide any letter for me due to comany policies

[Hank_82]

That's correct.

So in your case, on I129 what was the work location??employer location or location where you work??

On I-129, it was end-user office premises address, which in-turn was implementation partner's (end-client's) work-site. It was not employer's address.

[rahul412]

On I-129, it was end-user office premises address, which in-turn was implementation partner's (end-client's) work-site. It was not employer's address.

So in your case, implementing partner's location is your work location. It doesn't matter whether you work for them or for their clients.

So this makes EVC but not EVVC.

[Hank_82]

So in your case, implementing partner's location is your work location. It doesn't matter whether you work for them or for their clients.

So this makes EVC but not EVVC.

i think, you got it incorrect .. What I said is that -- Implementation partner was managing the project at the end-user's site, which in-turn became implementation partner's work-site, and that is what, was on my I-129. It was not the implementation partner's own work-premises -- So, it was EVEU model - Employer-Vendor-EndClient-endUser(what you call it EVVC model).

[rahul412]

i think, you got it incorrect .. What I said is that -- Implementation partner was managing the project at the end-user's site, which in-turn became implementation partner's work-site, and that is what, was on my I-129. It was not the implementation partner's own work-premises -- So, it was EVEU model - Employer-Vendor-EndClient-endUser(what you call it EVVC model).

If the work location is not the same as implementing partner's location then that's EVVC model. So you need to have end-client's letter issued by the manager who works at that location.

[Hank_82]

If the work location is not the same as implementing partner's location then that's EVVC model. So you need to have end-client's letter issued by the manager who works at that location.

I know, it is tempting to follow the flow. But, you need to check with experienced attorney or google through proper and genuine source, for better understanding. EVVC model etc. are not the terminology given by USCIS. People have come up with those names, so dont go by EVVC / EVC etc, and try to judge who would be client, by putting a certain model in it. What USCIS has given is H1B memo, which explain what should be valid contractual relationship. End-client is the implementation partner when they manage the project, and when they have the contracts for the beneficiary with the petitioner via a vendor - period. If you have so-called "EVVC" model there is a reason, end-client are not giving letter, because, they are not liable nor anyway connected, as they dont have any contracts on the name of beneficiary. They usually have umbrella contract with implementation partner, who manages the project. So, it's implementation partner who has a very specific contract for the beneficiary ,and as such, implementation partner becomes the end-client or the entity, authorized to confirm the details of the employment such as, validity, location, role etc.

This was explain to VO and visa was approved, and also 2 petitions earlier on the same model.