Expecting H1 denail! What are my options now?

[letslivelove]

Hi,

I am in a difficult situation and seeking some help/suggestions here on this forum before I reach out to the attorney to discuss this case.

My employer 'A' applied for my H1 extension couple of weeks ago just in time before the I-94 expiry (15th Sep 2012).

I work for Client 'C' through a preferred vendor 'B'.

To support my petition we could only manage to get a letter from vendor B stating I am employee of A and working for C through B. They also mentioned my responsibilities and expected length of the project. Client C did not give the client letter.

Now we have got RFE asking for client letter but they are not willing to give one. Now I am highly doubtful of getting this petition approved :(

In 2009 my petition was denied and I had to go back to India and came back on new H1 :(

I think below are the options/alternates I have but some of it might not work.

• Option 1 - Before replying to RFE, file H1 transfer (as bridge application because the I94 is expired) through company X. But I guess if the original H1 extension petition is denied, the H1 transfer would void too. Please correct me if I am wrong.
  
• Option 2 - Find and join another client through current employer, who can give client letter, Amend the H1 petition with new client and provide the client letter. Do you think this will work and we can change client/project when there is RFE on the petition?
  
• Option 3 - 20 months ago I filed H1 transfer through company Y and got approval for 3 years. But I never joined them and they still have approved petition with them.
  
  1. I hope I can legally join them anytime now. Is that correct?
     
  2. If # 1 is correct, should I wait and watch for RFE response from USCIS or join Y immediately?
     
  3. If I wait for USCIS response and extension is denied, I would join Y immedatley. I hope this is legal?
     
  4. What additional documents can support the RFE in absence of client letter? Do you think Badge, timesheet approval etc would make the case any better?
     
  5. If Vendor provides the first and last page of contract agreement between them and client 'C', would it work in absence of client letter?
     

  [*]Do you think I have any other option?

Please help!

Thanks in advance

Bunty

[JoeF]

Forget EVC. Find another employer.

And company Y was required by law to withdraw the H1. If they didn't do that, do you really want to work for a company that violates the law?

[Attorney_10]

The facts of your case are complex. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case and the different options that may be available to you, as well as the best strategy for responding to your RFE.

[letslivelove]

Forget EVC. Find another employer.

And company Y was required by law to withdraw the H1. If they didn't do that, do you really want to work for a company that violates the law?

Hi Joe, Thanks for your reply but if I find another employer and transfer my H1 it will be a bridge application and I might not get I-94 so I would most likely have to go out of country and re-enter.

And re-entering US these days is Nightmare.

[cooldude76]

If the end client is not providing an end client letter can they write down in an email that they cannot provide such a letter due to some reason ? Submit a printout of such an email, might help.