Approval of H1B Amendment with one letter stating different work period

USA
1

I have a H1B approved until 2021 and I recently changed client. I am still with the same employer and going to file H1B Amendment. LCA is already filed.

List of documents collected from various layers so far:

  1. Client letter with clear employee - implementation partner - vendor - employer relationship and the End date clearly mentioned as 2022.
  2. Implementation partner letter with NO clear mention of Employer - Employee relationship and the period mentioned as 6 months only.
  3. Vendor letter with clear employee - implementation partner - vendor - employer relationship and the End date clearly mentioned as 2022.

Doubts before filing:

  1. Will the period of H1B approval be reduced to 6 months because of Implementation partner letter?
  2. Will this attract RFE?
  3. If submitted without Implementation partner letter, will it attract RFE?
  4. Without Implementation partner letter, will MSA between Implementation partner and Client with extended period be enough?

Any inputs will be of great help as we are in great confusion!

Thanks!!

2

Hi @arc1

It is possible that USCIS approves your amendment only for the lowest duration that’s mentioned in all the vendor and client letters.

These days, we are seeing this behavior and we have seen an approval for only 7 days too!

I suggest to submit all letters that prove relationship between employer and layers till end client.

3

Thanks Anil for the reply!

In case if we dont submit the Implementation partner letter and just the MSA between Implementation partner and Client with extended period, will it work?

The partner is very stubborn on NOT mentioning the relationships and NOT changing the duration beyond 6 months.

4

Hi @arc1

I cannot say how USCIS will act in this case. They may or may not ask for the relationship documents between your employer and intermediaries.

These days, it is very important to have the full chain of relationships clearly defined to avoid issues. I am afraid that USCIS may send an RFE.

5

Thanks a lot for the reply @Anil.Gupta!!

Sorry to bother you again! One more clarification!

Since we have the END CLIENT LETTER which CONTAINS very DETAILED explanation of the EMPLOYEE(Beneficiary) - IMPLEMENTING PARTNER - VENDOR - EMPLOYER(Petitioner) RELATIONSHIPS,
Can we go ONLY with the END CLIENT letter and NOT sending other layer letters (Implementing Partner and Vendor letter)?

Is Implementing Partner or Vendor letter necessary for amendment, when detailed End Client letter and Employer letters are available?

Thanks again for your help!

6

Hi @arc1

I think i have clearly answered this question in my earlier response.

All paperwork is required with each H1B application. It does not matter if it is an extension, amendment or transfer.

As per new USCIS policy, they treat each application as new H1B irrespective of how many times it has been approved earlier.

It is your choice upto what you want to send and what not.