Changed in client name for which L1b Visa stamped-- any new rule

[sharmarajat1984]

Hi

I was informed by a colleague at work that from January 1, 2011, a new rule has been enforced for L1 visas - if an employee is issued a visa for a client 'xyz', then he/she must travel to the U.S. at least once for the client 'xyz', and only then can the employee be allowed to work for a different client.

Has anyone heard/read about this? If yes - please share any URL that you might have where this change was published.

In my case, the project was shelved after my petition was approved, but the visa was issued for the same client since discussions are ongoing to revive the project. Will this be considered in case the project is not revived?

[rdeepakr]

No such rule EVER!

Please understand L1 visa is for intra-company transfer meaning a US-based employer is requesting visa for an employee in its overseas-based subsidiary to come and work in the US. In an L1B category, the only important aspect is the skill itself, which if found rare, qualifies to be termed "specialized skill". You could work for any client regardless of who you mentioned in the application.

Practically, the US consular officer and the officials at the port of entry do understand the dynamics, so you should have absolutely no problem in this regard.

If the client name was so important, the petition would not have been approved without a confirmation letter from the client - which, I presume, you never submitted!

[ssgran]

L1 Client change

Hi:

My 2 cents. Well there is a procedure for client name change in the L1 petition. You have to give the details of the old position and the details of the new position (which should be similar to the old position). You have to file it with US authorities. This is a simple enough process if you have already travelled to US on the original petition.

However if you got the L1 for a client 'A' and never travelled on that petition and now want to travel for another client 'B' then you have apply for a new visa and cannot get the client name changed.

this is wot my company lawyer told me.

[ssgran]

What ever I mentioned was for L1A and not for L1B.

[rdeepakr]

I don't think so. It does not make any sense. As I said, the petition is for transfer from an overseas subsidiary to a US company. How will your lawyer explain a situation where you were supposed to travel for a client but now has to travel to your company's US headquarters to work in an internal role (say Human Resources, Finance etc)? L1A is for Managerial position. The worst that may happen is the autjority at the port of entry will have a few uneasy questions but still can't stop your entry (or) deport you because you ended up coming to a different client location. All of these are problems with H1B visa category.

There is absolutely nothing required regardless of whether it is L1A (or) L1B - Blanket or Individual Petition.

[ssgran]

Deepak,

I currently hv a L1-A visa and I am facing this condition because I took the visa with an Indian IT company with client 'A' mentioned in the petition and now I am going to work for another client.

Bcoz of lack of clarity of this my travel is stuck. Not sure if this is a valid rule set by USCIS or not. if you have anyway of finding more about this please do help me.

I have been trying to reach to the attorneys in US and searched the USCIS website but couldn't find anything related to this.

Thanks,
R

[ssgran]

To answer your question.

How will your lawyer explain a situation where you were supposed to travel for a client but now has to travel to your company's US headquarters to work in an internal role (say Human Resources, Finance etc)?


The L-1A petition when you apply through a Indian IT company mentions the name of the client in it. For e.g if you have applied for L-1A through TCS for a client of TCS say GE. The petition mentions that you are going to work for GE in their office in NYC even though the petition is applied by TCS.

Does that answer your question?

I don't think so. It does not make any sense. As I said, the petition is for transfer from an overseas subsidiary to a US company. How will your lawyer explain a situation where you were supposed to travel for a client but now has to travel to your company's US headquarters to work in an internal role (say Human Resources, Finance etc)? L1A is for Managerial position. The worst that may happen is the autjority at the port of entry will have a few uneasy questions but still can't stop your entry (or) deport you because you ended up coming to a different client location. All of these are problems with H1B visa category.

There is absolutely nothing required regardless of whether it is L1A (or) L1B - Blanket or Individual Petition.

[rdeepakr]

ssgran,

The petition justification letter should read "Proposed US Employment". The word "Proposed" is key. It implies it could change.

In case of L1, the client name is mentioned to quote your work responsibilities. As I said, if you possess both project management and financial analysis skills, you could change track and work as a Financial Analyst in your US organization and not for any particular client.

If your lawyer is correct, then L1 cannot be termed as Intra-Company Transfer at all. In fact, the officer at the port of entry will frown if you say you are going to work for Client A (or) B as he would expect you to say you will work for your US company while providing services to Client A.

Essentially, you are not working for Client A (or) B but only providing services and the service provider could change anytime.

My case is a classic example and most recent. Even I had applied through an indian company. Just today, we went for visa interview for my dependent and during the interview my wife responded with details of Client B while my petition was approved for Client A. While fully aware of the change, the visa officer happily approved the visa. If your lawyer had been right, my petition would have been asked for and scrutinized.

There is hardly any rule and even if there is one, it should NOT affect L1 visas. H1 visa is an entirely different category. I have travelled to the US in L1B, H1 and L1A - so my opinion is through my experience. In case of H1, the LCA determines your work location and the pay (according to the Minimum Wages Act), so client and location will be important.

Regards,
Deepak

[txh1b]

L1 employee works for the same comapny and NOT for a client. It is called Intra-company transfer for a reason. All companies that bring people on L1 to work for a client are doing things illegally.

[rdeepakr]

txh1b,

You are confusing the terms - "working for" and "providing services". Read my post clearly. "Working for" means getting paid. "Providing Services" means what it states.

In L1 visas, one works for the US-registered company (after being transfered from its overseas subsidiary) meaning he/she is getting paid by the company but one can still provide services to clients.

As "services companies", that's what they do by bringing people on L1. That is NOT at all illegal.

Do not attempt to confuse yourself and others.

[Sh777]

Changed in client name for which L1b Visa stamped-- any new rule

I am the victim for this new rule.....Visa teams telling its a mandatory rule.
The new rule saying we have to travel to the same client at least once to make eligible for WorkLocation changes on the existing visa.

any other alternative that we can choose.

[rdeepakr]

Absolutely misleading!

Incorrect. L1 visa is skill-dependent and not client-specific. In fact, L1 is for intra-company transfer and not to work directly for a client. Because L1 visa holders usually are skilled in knowledge of their employers' products, processes, quality systems etc, they can effectively exceed their employer's interests. That's how they qualify to provide services for a client. Otherwise, they need to file for H1 visa.

See this USCIS link. Nowhere in the guideline it ever mentions client. Why would you then be advised otherwise? Who are these visa teams? Are they part of your company? Tell them to get their facts right.

[Arasu]

H1B Client Change/ Location after petition approved

Sorry for posting in a wrong thread.. I see many replies regarding client change here...

I face situation But H1B Visa.. I work for top CMME level company in Chennai. My H1B petition approved with client A/ Location A. After that I moved to new project. But I am going for Visa Interview furnishing new Client/ Location Details.. say ClientB/ Location B.

Only addition document I got for this Client/ Location change is New LCA to work on New Client (ClientB) in New Location (Location B) with Revised Pay.

Is it sufficient to get my visa approved? Please advice... many are confusing amendment needed.. But I can get Client Letter and SOW stating my work / duties with new client. Will it be sufficient.
Want to avoid 221(g) and also delay. Already waited more than a year since i started Visa Process. Experts advice neeeded. Please I scheduled an interview on dec...

[rdeepakr]

RE: H1B Client Change/ Location after petition approved

For your situation, it is better to consult your company's immigration attorney. I would attempt to explain the general understanding.

Technically, H1B visa is issued against a petition claiming matching "rare" skill/qualification for a particular assignment to be performed in the US, where a similarly qualified US-resident is not available for your client organization at that time. Originally, your profile for project A may have been found to be compliant, so a H1B petition was approved. As your project has now changed, you will need to re-establish to the consular officer that desired compliance level (between your skill and project need) exists even for the new project.

Now, what goes in the mind of a consular officer is never known, so, at the minimum, I would advise you to carry a copy of the signed Statement of Work for the new project, a letter from client B and your immediate company manager stating the corresponding job expectations, work location in the US and intent to deploy you in that assignment in that location.

Again, it is best to consult an immigration attorney to possibly avoid a 221(g).

[TomHiddlestonn]

Hi

I was informed by a colleague at work that from January 1, 2011, a new rule has been enforced for L1 visas - if an employee is issued a visa for a client 'xyz', then he/she must travel to the U.S. at least once for the client 'xyz', and only then can the employee be allowed to work for a different client.
Has anyone heard/read about this? If yes - please share any URL that you might have where this change was published.

In my case, the project was shelved after my petition was approved, but the visa was issued for the same client since discussions are ongoing to revive the project. Will this be considered in case the project is not revived?

Personally, I have never heard or read about this specific regulation regarding L1 visas.