pzas Posted November 9, 2019 Report Share Posted November 9, 2019 My H1B extension petition has been been denied by USCIS last week and I have valid I94 until 01/10/2020. Possible Reason can be my SOW which is expiring on 12/31/2019. My employer is asking me to re-file the case using the same SOW in normal mode (not in premium\ and submit a new SOW once we receive an RFE. My new SOW will be signed at the end of Dec 2019/ early 2020. Considering the above situation, is it OK to refile and submit a new SOW if I receive RFE? How does it affect my case and cases in future ? Is it a misrepresentation since there are no additional new material submit for a new petition? What are my options? Quote Link to comment
User099 Posted November 11, 2019 Report Share Posted November 11, 2019 Make sure the denial says non availability of work at the employer beyond 12/31/2019 and not something else before refiling. Refiling with same SOW and in normal processing is also an option. If anything goes wrong, you might not have a fall back plan as you have now as your I94 will be expired. Any chance your client will do the SOW in early or mid December? I don't see this a misrepresentations. Quote Link to comment
gopalakrishnach Posted November 11, 2019 Report Share Posted November 11, 2019 You can re-file first without SOW and client letter which says something like below. Once you get RFE for SOW you can reply to it. This is a on going project that has extensions based on budget availability. We expect XXX to continue to perform the above duties with periodic extensions, but this should not be constructed as a promise, contract or guarantee of any kind or for any purpose. Quote Link to comment
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