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H1B Extension: Project SOW ends March 31, 2012 and I-94 expires on April 10, 2012

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  • H1B Extension: Project SOW ends March 31, 2012 and I-94 expires on April 10, 2012

    Hi,

    I am currently in the US and need to apply for H1B extension.

    My visa expires on March 31, 2012 and I-94 expires on April 10, 2012.

    My problem is that my project SOW is only till March 31, 2012.

    The immigration team asked me for a new date as the SOW date is before even my I-94 expiry. My manager tells me he cannot give me another date and its not a problem and this petition will be approved. Can someone please advise.

    Regards,
    Arun.

  • #2
    No. You need the new SOW for the extension.

    Comment


    • #3
      Are you working @ the client location?
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        Yes I am working at Client location now.

        Comment


        • #5
          Well, in that case you need a new client letter stating that you have work for the duration requested in your H1B extension. If you have a client letter, then the SOW is not required (unless requested later in an RFE). If you cannot provide a client letter, then you need a valid SOW in its place.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            The duration of the project mentioned in the Manager letter is only till March 31, 2012. It has also been mentioned in the Manager Letter that:

            "To be clear, Mr. XXXX employment with ABC Company is not limited to the expiration of any one particular ABC Master Service Agreement (“MSA”) and/or Statement of Work (“SOW”). ABC has thousands of active SOWs per client. Indeed, hundreds of SOWs are executed by ABC for a host of ABC’s clients on a systematic basis. In the instant matter, upon the expiration of ABC’s SOW with XYZ CLinet, XXXX will continue to be employed by ABC in valid H-1B status in the United States. XXXX will confer and coordinate with ABC's Global Workforce Management team for re-assignment and deployment to either the same client for another active SOW; a different client with an active MSA and/or SOW; or for a ABC on-site assignment where he will continue to perform professional specialty occupation services."

            XXXX - My name
            ABC - My organization
            XYZ - Name of the client.

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            • #7
              Also, It will not be possible to give a Client Letter. I have heard many cases where associates don't have Client Letters and submit a Manager Letter instead; in case of an RFE.

              Comment


              • #8
                If your employer is requesting a 3 year extension on your H1B, then they need to show work itinerary for the next 3 years. If it is an internal project, they should include documentation explaining the internal project specification, market research, number of people involved in the project etc. If you will be working for a client, then client letter is required. The chances of extension getting approved without any of these is very little. If you are employed with a consultancy company, then client letter or SOW becomes very important. You can try and file the extension without these and if there are any RFE's respond to them with the appropriate dcuments that are requested in the RFE.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  I am working for a client based project. Looking at it, I guess my petition will go for an RFE. Thanks a lot for the advise.

                  Comment


                  • #10
                    Arun , what eventually happen

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