H1 7yr ext RFE-EmployeeEmployer relationship(visa expired,contract is going to end)

[unsure]

I am in 7th year of H1, got 140 approved this year only. My visa got expired in June 2011 (Completed 6 year on H1). I applied for extension in few days before my H1 expiry date (In June 2011 ) and got RFE in Oct 2011 for employee-employer relationship.

I am working at client place directly from my company and there is no layer right now.

My company told me that they will be replying for that RFE soon and got all the documents from me in Oct, but did not replied till Nov second week. I came to know that they are waiting for client letter and later told me that as per the client policy client is not issuing any letter, they have client confirmation only till my project end date.

My problem is that my contract is going to end on 21st Dec and do not have any clear picture of extension as they sign only 3 or 6 months contract and that to 1 or 2 weeks before renewal. even if it comes it will be clear only in Dec second week and this time it will be through third party me -> my company -> middle vendor -> client.

In that case what shall I do, go ahead and add the SOW, contract till Dec or wait get a new assignment and they reply for RFE. Which documents other than Contract, pay subs, W2 etc. I need to attach.

What are the chances of approval if I put the contract and SOW till Dec?
Shall I go with premium?
What are my options in case of denial?

Any idea will be great help.

Thanks

[yurma1974]

Hi,
What is the RFE for? What is the date before you have send the response to the RFE?

If Client doesn't give "End client Letter" then I think you can submit the e-mail exchange or something that shows that client does not give "End client Letter".

As far as the contract end and new layer between your employer and end client- I am sure you (employer) must be having SOW until end of Dec. You can still submit that and mention that per normal business practice the contract/ SOW will again be extended. You don't really need to show anything that shows that new layer will be introduced as it did not happen at the time of submitting for extention and when you are replying the RFE.

I am not sure about if you should change the regular process to Premium Process of your H1.

Hope this helps...

[sk.aggarwal]

If client HR is not giving any letter. Just get it from your manager on letter head or paper with client logo or hell even a simple plain paper. Make sure you dont mention any end date. Because if you do, that will be the date your H1 will be extended to. I did exactly this last year but had end date in client letter as Dec 31 2011 my H1 was approved till Jan 2012.

[unsure]

No luck in getting client letter or even an email.
@sk.aggarwal - what did you write in your client letter/email? if it is okay to share the content only

[sk.aggarwal]

I dont have the letter handy but I can look for it tonight and email it to you. BTW, I used the format sent by attorney. You can also ask your attorney also. IM me if you need it with your email id. I will try to look it up.

[unsure]

sorry friend i just logged in. will come back again in the evening to check you online. Thank you

[unsure]

client is not giving any letter or email, look like they do not have any plan as of now to extend the contract due to budget issue, they want me to wait till Dec first week so that budget will be clear and if they get the budget they will extend the contract. What are my options in this case. If client write that "he want to continue utilizing my services in future" will this be good. Did someone applied RFE like this with contract end date and client email or letters.