H1B Extension RFE.. I have no Client Letter

[arunpkrishnan]

Hi,

I have been issued an RFE on my H1B extension petition. My employer will not share the RFE with me. They said that they require a copy of SOW or the Client letter.

The client I am working with will not issue a client letter and there is no SOW. There is only an MSA between my employer and the client.

So when I said this to the Immigration team in my company they said that they could Use the MSA but chances of petition being are very high... though I am not fully sure.. They say a lot of things and keep changing their statements every day. I am confused. Please can you tell me what I can do.. Would the MSA be sufficient? If not what could I do in this situation?

The Client will NOT give a client letter.. They have made it very clear.

Thanks,
Arun

[raghvi]

Hi,

I have been issued an RFE on my H1B extension petition. My employer will not share the RFE with me. They said that they require a copy of SOW or the Client letter.

The client I am working with will not issue a client letter and there is no SOW. There is only an MSA between my employer and the client.

So when I said this to the Immigration team in my company they said that they could Use the MSA but chances of petition being are very high... though I am not fully sure.. They say a lot of things and keep changing their statements every day. I am confused. Please can you tell me what I can do.. Would the MSA be sufficient? If not what could I do in this situation?

The Client will NOT give a client letter.. They have made it very clear.

Thanks,
Arun

There is hardly anything you can do in this case. You have to go with what you have. If rejected, change client or employer.

This is my opinion not legal advice.

[arunpkrishnan]

There is hardly anything you can do in this case. You have to go with what you have. If rejected, change client or employer.

This is my opinion not legal advice.

Thanks Raghvi. I am currently in the US and denial would mean that I will have to go back to India. When you say change Employer in case od Denail, how can that be done.. doesnt it make me legally impossible to work in the US once my petition is denied? Is there a possibility of changing jobs here even after denial if that happens?

[raghvi]

If your I-94 has expired you would have to leave US. If not then maybe can do a COS to an intermediate status before again doing a COS to H1 once you find an employer.

This is my opinion not legal advice.

[arunpkrishnan]

If your I-94 has expired you would have to leave US. If not then maybe can do a COS to an intermediate status before again doing a COS to H1 once you find an employer.

This is my opinion not legal advice.

Thanks for the response. I am sorry but I do not fully understand how I can do a change of Status. If My petition is rejected, my employer will send me back to India and I will once again have to work out of their Indian Office. I work for a Tier 1 IT company in India and am on an onsite assignment.

So will my employer do the COS for me..? what will it have be changed to? Can you please explain. Forgive me for my ignorance.

Thanks,
Arun

[raghvi]

Thanks for the response. I am sorry but I do not fully understand how I can do a change of Status. If My petition is rejected, my employer will send me back to India and I will once again have to work out of their Indian Office. I work for a Tier 1 IT company in India and am on an onsite assignment.

So will my employer do the COS for me..? what will it have be changed to? Can you please explain. Forgive me for my ignorance.

Thanks,
Arun

When is your I-94 expiring?

[arunpkrishnan]

When is your I-94 expiring?

I-94 expires on March 31, 2013.

[raghvi]

I-94 expires on March 31, 2013.

You should talk to your employer about the option of moving to another client while letting your payroll run.

As are legal to stay till March 31, 2013. If your current employer doesnt have a job for you they should still pay you as per LCA, if they are not they should provide you a return ticket back to your home country.

In case you want to continue your stay in US, and you havent yet exhausted your 6 Years of H1, you can find another employer who is willing to transfer your H1 in premium, and take you on their payroll you should do that before your current H1 I-94 expires or before your current employer terminates you/asks you to leave US , if they do.

Your current employer can also, withdraw the current extension request , find another client who is willing to give the necessary documentation, and file the extension request again.

This is my opinion not legal advice.

[arunpkrishnan]

I finally got my client to give me the letter

[amishr]

Request for help

There is hardly anything you can do in this case. You have to go with what you have. If rejected, change client or employer.

This is my opinion not legal advice.

I work for an Indian IT company. I appeared for the H1B visa interview but i did not have the Client Invitation Letter. I was asked to submit the Statement of Work(SOW) (contract between my employer and Client, let say client X) and a Client Invitation Letter(from Client X) along with the form 221 (G). After i come back from the visa interview I got the knowledge that Client X for which the H1B was filed does not issue Client Invitation letter. However another client (Client Y) of my company is ready to give me the Client Invite Letter and SOW. How do i proceed in such a situation. Client X work location is Salt Lake City, Utah and Client Y location is New Jersey

[raghvi]

Your employer would first need to file LCA for new location and using that do a H1 amenmendment. Once H1 petition is amended and approved, you cna use the new petition to go for visa interview again.

This is my opinion not legal advice.