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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 86376
Experience:  Private practice in several areas, including immigration
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Hi, I work in a 10 billion$ IT company based out of India. I

Resolved Question:

Hi, I work in a 10 billion$ IT company based out of India.
I have got through H1B lottery this year.
I have been asked to respond to RFE query.

I have been asked for End client letter, Contract, Statement of Work, Latest appraisal letter, Project Organisational Chart.

I have all the documents except the client letter.

Would it be ok, if i respond without the client letter?
Or will my H1B be rejected? What are the other responses i might get?

Is there an alternative document i could provide instead of client letter, like my company manager letter who is deputed at USA. Pls clarify and suggest best.
Thankyou!!
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. On this website, I do not always get to give good news, and I am afraid that this is one of these times.

Understand first of all that every matter is a "case by case" basis. This means that it is reviewed on its own merits, individually. A lot of the decisions have to do with individual decisions by whichever agent reviews the file. Some agents tend to be lax, and others strict.

Would it be ok, if i respond without the client letter?

This is very subjective. Typically, a client letter is necessary to illustrate that there is a position waiting. Often, such a client letter may be overlooked if this may be shown by the contract, for example. In other words, a document that shows that there is a POSITION OPEN AND WAITING.

However, if USCIS has sent an RFE that specifically demands a client letter, then one needs to provide them with a client letter. You can find a sample client letter format (just for your information) here.

If a client letter absolutely cannot be provided for some reason, then one has to provide ALL THE OTHER items and make sure to illustrate that there is documentation that shows that there is a position waiting for you in that documentation. Also, a cover letter would need to be provided explaining WHY a client letter cannot be given, and how OTHER provided documentation shows that there is a position waiting.

Then, it is up to the USCIS agent. A more lax agent may see this as no problem, wherein a stricter agent may see an issue with this.

Or will my H1B be rejected? What are the other responses i might get?

Once the RFE is sent back, then the process continues and either the visa will be denied, or, it will be granted. You really are not going to get back any other responses.

In summary:

1) This is a subjective matter;
2) The client letter is used to illustrate that there is an open position;
3) Your best bet is to send back everything the RFE requested with a client letter as well'
4) If you cannot produce a client letter, then you must send back everything else, along with a cover letter that explains (a) why a client letter cannot be produced and (b) that the documentation send otherwise clearly illustrates that there is a position open and waiting.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

The other document that says there is a position waiting, does it have to be from the client or can it be from my company?


Expert:  Ely replied 1 year ago.
R,

Thank you for your follow up, friend.

The other document that says there is a position waiting, does it have to be from the client or can it be from my company?

It has to be from whomever is sponsoring you for the H1B visa. So if the client is, then the client, and if it your current company, then it would be them.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

The role in my PRD document is Computer Programmer, but if the client letter states that am travelling to fulfill a tester's position or my role and responsibility is testing (a tester). will that be an issue?

Expert:  Ely replied 1 year ago.
R,

Yes, it may be, I am afraid. Even though this may be the "same" position in your field, the issue is that the USCIS agent may not realize that. What they will see is two different positions. So the position "titles" have to match - everywhere.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 86376
Experience: Private practice in several areas, including immigration
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