Urgent: Neufeld Memo implication on Existing Green Card process

[visaseekerram2]

Hi,

Situation:

I am on my 9th year of H1-B, previously got an extension for 3 years based on my GC Labor that had already been approved.

However, this time around, when my company, One of the Largest Tech consulting company in the world, applied for an extension, they provided my client contract agreement too during the filing and the extension was filed only to the end date of the contract, which ends in like 6 months instead of teh 3 year extension that I was expecting.

I was hired by our company due to my skills and a Masters dgree in the field and also filed for a green card. I have also signed a Right to control agreement with my supervisor in our company.

Question.

When I asked my company's attorneys, they mentioned the Neufeld Memo passed in 2010 for the extension date being only until the current project end date.

My question is,

1. Doesnt that memo provide for the 3 year extension in case one's Green card is in process and the Labor has cleared?

2. I have actually got my extension based on the proj. end date, is there a way we can amend it for 3 years instead if the Neufeld memo does not restrict it in my case?

Thanks

[pontevecchio]

1. That is true if all other conditions are met. Hopefully you mean approved I140

2. They will have to file again and the duration will be till the end of the next project.

Get your own Lawyer to discuss possibilities.

[visaseekerram2]

Hi - I am basically trying to find out if Having a I140 approved should qualify one for the 3 year extension as a default inspite of the Neufeld memo if nothing has really changed in my job description or role. Can someone confirm or share their experience here?

[pontevecchio]

Yes for direct employees. No for layers in which case the duration of the project is the duration of the H1 approval.