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H1b Extension - Client Letter Only 2 More Months

Discussion in 'Nonimmigrant Visa Validity' started by savg, Feb 1, 2016.

  1. savg

    savg New Member

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    Hi Ron,

    Here is my situtation:

    I am working on the Client A as consultant from last 15 months. my employer is direct vendor for the client. Employer -> End Client. My I94 expires on Jan 12, so we applied for an H1B extension in Dec 2nd week 2015 without a client letter. My project is expected to complete in next 2 months but it may extend but not sure at this point. We also requested client letter earlier and we received one stating March 31st as the End date, We requested for a wording saying "Possible Extension" but they refused to provide as per the policy.

    I am planning to convert the petition to Premium now as per the current progress, every extension is taking more than 6 months and i may need to travel to India and new project needs to be searched as well. My questions are :

    1. Do you suggest if i should go with normal process and wait for 6 months(going by current trend)? If so, what if i get a RFE after 6 months asking client letter and i may not be with the same client.

    2. If i upgrade to premium and receive a RFE, my client may not provide letter, would it be suffice if my employer provide the MSA document and a letter from attorney stating client may not issue letter due to policy etc.

    3. Lets say if i go in non-premium and my project completes, can my employer submit an Amendment on top of an existing H1B extension petition? What is the chances of approal..

    Waiting for your reply eagerly.
     
  2. savg

    savg New Member

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    anyone help here?
     
  3. Reefer

    Reefer New Member

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    1. See point 3.
    2. You can ask your manager for a simple email detailing your jobs/responsibilities. I have seen people use that, in conjunction with other documents including the ones you mentioned, get H1b extension successfully.
    3. If your previously-filed amended H-1B petition is still pending, you may still file another amended petition to allow your H-1B employee to change work-site locations immediately upon your latest filing. However, every H-1B amended petition must separately meet the requirements for H-1B classification and any requests for extension of stay. In the event that the H-1B non-immigrant beneficiary’s status has expired while successive amended petitions are pending, the denial of any petition or request to amend or extend status will result in the denial of all successive requests to amend or extend status. See Memorandum from Michael Aytes, Acting Director of Domestic Operations (Dec. 27, 2005).
     
  4. Legal Immigrant

    Legal Immigrant Banned

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    Sorry to see your situation, and I don't understand why your employer applied for the extension only in Second week of December and not earlier. They can apply before 6 months of expiry of I-94, in July in your case.

    Anyways, convert it to premium, the money is worth avoiding the headache. If the client letter is not available, you can use other genuine documentation, but is there really a possibility of extension of the project?
     
  5. savg

    savg New Member

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    Thanks guys for your reply. It was a happy and bumpy ending, so i would like to update here to close the thread.

    1. I requested for the Client letter with no date and they refused to provide me the same.
    2. Took a chance and upgraded to Premium on Feb end.
    3. Got RFE on March 1st week, Luckily my RFE was just clarification on when i entered US first time
    4. We provided the clarification and got it approved in 1 week.
    5. Sweet.. it was for 3 years extension.

    My Suggestion, even if you dont get Client letter, dont get panic and hope for the best, if the employer is good and things work out well then we will get approval..
     
  6. savg

    savg New Member

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    Forgot to mention,

    Just to update, I did try a Roles and Responsiibilties email but my manager refused to give it.
    However my another colleague got from different manager, still he got an RFE and luckily his manager gave a client letter.
    so Roles and Responsibilities mail doesnt help always.
     

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