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H1-B -- Posting it for 3rd time now...Can someone pls answer?

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  • H1-B -- Posting it for 3rd time now...Can someone pls answer?

    Hi Immihelp Members,

    I am employed with Company A and working as a consultant at their client site B. A & B have direct relationship.Company A is growing company and has headoffice in Virginia and one branch in NYC.The client site B is a big financial bank in NYC.

    I got my H-1B Visa approved in Dec 2010 (Petitioner was Company A). I plan to get my H-1B Visa stamped in Jan-Feb 2012 at Mumbai consulate.I am a bit concerned reading all the H-1B visa stamping issues in this forum in last few months and I spoke about this to my employers.They said I am over-reading stuff and over-thinking. I just have to go to the Consulate and during the interview - just tell them (when asked) I work for Company A.My profile is so and so and my responsibilities etc. And no need to mention about the Client at all.

    This got me confused. The client as I mentioned is a big financial bank. I was assuming that if I mention the client name in the interview, it would make my case strong and my stamping would be done. Also, I don't understand what responsibilities I can state for my profile in Company A because I work at their client site B and my work responsibilities are related to client site.

    I have 3 below questions:

    1) Why the client name shouldn't be mentioned as per my employer (inspite of the client being a big name)? Is client letter very important document to get H1B stamped?
    2) Is it sufficient to get the visa just by mentioning the Employer name. How would the Visa officer not know I am working for a client B? Employer is small and growing. I was concerned about the 221(g) slips issued to many applicants for various reasons during visa stamping.
    3) If at all I get my visa stamped without any hassles, what should be my port of entry in US (Washington DC-Virginia or NY-NJ). I ask because my employer head office is in Virginia and in pay stubs the address mentioned is Virginia whereas I live and work in NY-NJ area. Heard a lot of immigration issues too at the airport esp Newark airport.

    My record is clean. I did my MS in US from a reputed university.

    I understand that a lot depends on luck but I would really appreciate if someone can answer my queries.

    Thanks a ton

  • #2
    1) Why the client name shouldn't be mentioned as per my employer (inspite of the client being a big name)?
    >>> How are you expecting someone from the forum to answer this question. You should ask this to your employer. What they are asking you to do is hide the information that you are working at the client place. Maybe they haven't file the LCA and H1B petition for your work location. If so, that is illegal and what you are doing is wrong.

    Is client letter very important document to get H1B stamped?
    >>> If your company is a consultancy company and if you were working at the client place, then Yes.

    2) Is it sufficient to get the visa just by mentioning the Employer name.
    >>> That would be false information on a visa interview. Whether you want to do that or not is up to you.

    How would the Visa officer not know I am working for a client B?
    >>> Not unless you tell the VO about your actual work location.

    Employer is small and growing. I was concerned about the 221(g) slips issued to many applicants for various reasons during visa stamping.
    >>> If you are not going to mention about the client (the place that you actually work), then what are you going to mention about your current project and the project responsibilities?

    3) If at all I get my visa stamped without any hassles, what should be my port of entry in US (Washington DC-Virginia or NY-NJ).
    >>> That doesn't matter.

    I ask because my employer head office is in Virginia and in pay stubs the address mentioned is Virginia whereas I live and work in NY-NJ area.
    >>> Well, that is purely illegal. Your payslips should be generated for the state that you work and the taxes should be deducted for that state.

    Heard a lot of immigration issues too at the airport esp Newark airport.
    >>> That was a one time thing that happened a long time ago. If you are not comfortable with Newark, then choose a different POE.

    My record is clean. I did my MS in US from a reputed university.
    >>> I am not sure how you are calling your records as clean. You work in NY and pay taxes for VA. That is not a clean record. Check your LCA. Check to see if the employer filed an LCA and H1B for NY-NJ and not for VA.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks for your reply Shervin.

      My taxes are getting deducted for NJ area. My work location is NJ. But my paystubs show the headoffice address of my employer i.e Virginia. They also have one office in NY.

      Sorry for the confusion.

      I will check wih my employer and ask them to provide the details. My LCA should be filed for my work location right i.e. the client site?

      Comment


      • #4
        My taxes are getting deducted for NJ area. My work location is NJ. But my paystubs show the headoffice address of my employer i.e Virginia. They also have one office in NY.
        >>> This is not a problem. Most of the companies with multiple branches throughout U.S have their payroll department setup at one location and the addressi the payslip will show that address.

        I will check wih my employer and ask them to provide the details. My LCA should be filed for my work location right i.e. the client site?
        >>> Both LCA and form I-129 should have the details of your exact work location.
        Last edited by shervin143; 11-02-2011, 10:08 PM.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks Shervin for your response.

          If the client is not willing to provide the client letter, then what is the other best option?
          Is client letter one of the most important document from interview point of view?

          Comment


          • #6
            If the client cannot provide you a letter as per their policy, then the SOW between the employer and the client can be used. Also, a letter/email from the client manager stating that they cannot provide a letter as per their company policy will be helpful along with the SOW.

            Originally posted by ashesdodo View Post
            Thanks Shervin for your response.

            If the client is not willing to provide the client letter, then what is the other best option?
            Is client letter one of the most important document from interview point of view?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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