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H1 RFE after I 140 approval
I am in 6th year of H1B expiring on dec 23 2013. My employer has applied for my H1B extension and my I 140 got approved in EB 2 I classification with PD Jan 2012. I got RFE asking for either PO/MSA. I have been working with same client in multiple locations ( India, USA) for consecutive 4 years. My employer thinks to respond by choosing one of the points as discussed below :
1. respond to RFE with PO ending on Dec 31, 2012
2. respond by getting a email from the client that " they ( my company) submitted the bid for FY 2014 and FY 2015 and a decision will be taken only after the outcome of bid. By saying this, employer can submit PO /MSA ending on Dec 31, 2013. It is a rule from my client that they will not give letters on their letter head unless a formal approval happens. Even if a formal approval happens, they have no right to issue letters instead they need to go through Finance and Purchasing.
3. Employer to Include point 2. But In addition will add that I worked for same client in India and USA.( I am/was hired 4 years back in USA and then sent to India for work with same client and couple of months later , was invited to USA to work with same client). They can also add " My performance was evaluated half-yearly and make revisions to my salary yearly and due to my grade in company, I qualify as a FTE with company qualifing for bench pay". Also , I am qualified consultant in the technology and my company has many clients in same area.
I report to my project manager from my company. He does my PR ( Performance evaluations) half yearly. I have been working for 4 years now and each project manager serves the same client for 2 years. so i can get letters from 2 project manager and during tenure of one of project manager, I went to india and was invited back to USA to work for smae client and in same capacity. so my employer had /has sole right to control me.
My company has some other direct clients in USA. Can they submit the active MSAs ( from one of client) to prove their back up plan and also provide list of direct client.
Of course, my company will provide their financial statements
4. Can my company submit existing active MSA from one of their clients?
5. Can my company submit the existing MSA from same client but for a different country. Both the countries does the job individually or has a minimal coordination but on same technology. Can that MSA be used to file for my extension in USA?
I have these 5 points in mind. can you tell me the appropriate point or points to choose for a extension?
Your reply is appreciated
1. respond to RFE with PO ending on Dec 31, 2012
2. respond by getting a email from the client that " they ( my company) submitted the bid for FY 2014 and FY 2015 and a decision will be taken only after the outcome of bid. By saying this, employer can submit PO /MSA ending on Dec 31, 2013. It is a rule from my client that they will not give letters on their letter head unless a formal approval happens. Even if a formal approval happens, they have no right to issue letters instead they need to go through Finance and Purchasing.
3. Employer to Include point 2. But In addition will add that I worked for same client in India and USA.( I am/was hired 4 years back in USA and then sent to India for work with same client and couple of months later , was invited to USA to work with same client). They can also add " My performance was evaluated half-yearly and make revisions to my salary yearly and due to my grade in company, I qualify as a FTE with company qualifing for bench pay". Also , I am qualified consultant in the technology and my company has many clients in same area.
I report to my project manager from my company. He does my PR ( Performance evaluations) half yearly. I have been working for 4 years now and each project manager serves the same client for 2 years. so i can get letters from 2 project manager and during tenure of one of project manager, I went to india and was invited back to USA to work for smae client and in same capacity. so my employer had /has sole right to control me.
My company has some other direct clients in USA. Can they submit the active MSAs ( from one of client) to prove their back up plan and also provide list of direct client.
Of course, my company will provide their financial statements
4. Can my company submit existing active MSA from one of their clients?
5. Can my company submit the existing MSA from same client but for a different country. Both the countries does the job individually or has a minimal coordination but on same technology. Can that MSA be used to file for my extension in USA?
I have these 5 points in mind. can you tell me the appropriate point or points to choose for a extension?
Your reply is appreciated
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