Filing H1B extension with 2 months valid SOW


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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? 


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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.

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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.

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