harsha360

H1B Extension Denied with RFE probably missing SOW.

2 posts in this topic

Hi,

Came to US: June 2011

Working with same Employer, vendor and client from Sept 2011 to till date and same location.

H1B extended in Apr 2012 and Sep 2015 without any RFE.

I-140 approved in 2012. 

Currently Extension was applied in Oct 2016 as the I-94 expiry is Mar 15th.

Converted to Premium on Mar 3rd.

RFE received on Mar 10th asking for Itinerary of services, Employee Offer Letter, Employee Agreement, Client SOW.

RFE response received by USCIS on Mar 16th.

Denied on Mar 27th. Yet to receive the Denial notification.

After talking to companies attorney, even though they had SOW, they said they didn't provide SOW instead provided alternate documents like project description, org chart etc.

SOW was not provided thinking that last extension we got 1.5 yrs due to SOW and it could happen the same way this year too, so they avoided it.

1) What are the chances of getting this case approved with MTR supplying with SOW?

2) Should we go with both MTR and new H1B extension with same project/client having proper documentation?

3) H4 EAD working on full time, so what should be done with that?

Any other suggestions

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MTR is waste of money and time.

Go with new company, avoid EVC, EVVC models, dont stick on to these kind of companies just for GC.

Yes H4 EAD can work fulltime now and thats your alternative option, do COS to H4 and then apply EAD

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