RFE on emploeyr employee relation, need your views, pls help

[unsure]

My employer did not submitted document to USCIS yet and my project is ending in two weeks and in another two weeks i have to reply for my RFE before its due date.

Please provide your guidance/views here
1)should I wait (look out for) to get new project and then reply for RFE
a. what if i dont get new project by RFE response due date?

2) send document on current project which is ending in two weeks
a. what if when USCIS open my case and see that my contract date is over,

please suggest, i am running out of time and your experience might help taking any decision. i am clueless right now.

[mayurcreation]

Originally Posted by unsure

My employer did not submitted document to USCIS yet and my project is ending in two weeks and in another two weeks i have to reply for my RFE before its due date.

Please provide your guidance/views here
1)should I wait (look out for) to get new project and then reply for RFE
a. what if i dont get new project by RFE response due date?

2) send document on current project which is ending in two weeks
a. what if when USCIS open my case and see that my contract date is over,

please suggest, i am running out of time and your experience might help taking any decision. i am clueless right now.

Talk to your current manager and explain him your situation and see if he can extend your project for couple of months. If he is not willing to help you out then contact his manager.

Mean while try to look for a project anywhere in USA. Be ready to relocate.

Good Luck.

[tracka]

Originally Posted by unsure

My employer did not submitted document to USCIS yet and my project is ending in two weeks and in another two weeks i have to reply for my RFE before its due date.

Please provide your guidance/views here
1)should I wait (look out for) to get new project and then reply for RFE
a. what if i dont get new project by RFE response due date?

2) send document on current project which is ending in two weeks
a. what if when USCIS open my case and see that my contract date is over,

please suggest, i am running out of time and your experience might help taking any decision. i am clueless right now.

Sad to hear this that you have to deal with RFE when your project is going to end.
1. You cannot wait till you get the next project, because normally USCIS will instruct in the RFE to reply in 30 Days time. If you don't reply in that 30 Days period, H1B is denied.
(a)The best situation would be to get a project before the RFE Deadline date and apply with new Letter from new client. But keep in mind that the LCA need to be changed if new project is in different location than the current project. IF you can't get a project before RFE deadline, it is a very difficult situation.
Other option will be to get a letter from the middle vendor(if you have any) and then reply to RFE using the vendor letter explaining Employer - Employee relationship.
Talk to your attorney about those options.

2. If the Client letter mentioning that the current project is ending in 2 weeks, again wont help. Why would USCIS give you a 3 year visa if your project ending in 2 weeks.
(a) Nowadays USCIS do all kind of checks to prevent immigration frauds. It is not limied but including Phone calls to client manager to verify project details/contract dates, USCIS officers visits the client location to see whether the consultant is working at the location etc. So doing any kind of misrepresentation will backfire.

I have a suggestion for you. Hire one of the best immigration attorneys. They will always have a solution for you.

[unsure]

Thanks for your quick response. Client have clearly told the end date as 18 Dec and Middle Vendor also mentioned same in the document. No one is ready to give the continuation word.
Lawyer is saying best is to get a new assignment and then respond RFE.

I got this RFE in Oct but lawyer always told that it is better to show the project beyond Dec else we will not be able get H1 beyond Dec.

[mayurcreation]

Originally Posted by unsure

Thanks for your quick response. Client have clearly told the end date as 18 Dec and Middle Vendor also mentioned same in the document. No one is ready to give the continuation word.
Lawyer is saying best is to get a new assignment and then respond RFE.

I got this RFE in Oct but lawyer always told that it is better to show the project beyond Dec else we will not be able get H1 beyond Dec.

I can feel your trouble and pain.

Best option for you would be to get a project anywhere in USA and relocate.

Good Luck.

[mayurcreation]

Originally Posted by unsure

Thanks for your quick response. Client have clearly told the end date as 18 Dec and Middle Vendor also mentioned same in the document. No one is ready to give the continuation word.
Lawyer is saying best is to get a new assignment and then respond RFE.

I got this RFE in Oct but lawyer always told that it is better to show the project beyond Dec else we will not be able get H1 beyond Dec.

If your hiring company has some in house development going on than they can show you working on in house development. But in this scenario they have to send some supporting documents of in house product development.

[unsure]

Thanks all for taking time to write here. My employer do not have in house project .. they don't do inhouse projects even in my kid of cases.
looks like
1) Best - my project get extended or allocated to new project to same client and reply to RFE --- No hopes, all door closed here.
2) Workaround - find new project and submit contract/letter/PO along with RFE reply --- looking out for new projects now, with holiday period and year end, i just hope to get ray of light
3) worst - no current project extension, no new project -
- what to reply to RFE
- should i reply?
- change to dependent visa?
- what else i have?

Never thought of this situation,everything seems going downhill ..

[vegasbaby]

Here are my 2 cents on something that I have seen/experienced.

Reapply your case under premium processing with exact same set of documents. Give them the additional $1000 bucks & your case will be approved.

You have nothing to lose. Meanwhile, keep looking for a project & reply to the RFE if you get one.

I know it sounds ridiculous but believe me, it was worked for me...Twice.

[unsure]

Thanks friend,

whats was your dates and how much margin you had?
Mine is this:
-7th year extension filed in June week1
- Got RFE (Employee employer relationship) in Oct week1
- RFE response end date is dec end 2011
- Project getting over in Dec week2

did you have another contract to showcase that after current project you will be getting on to another one same client or different?
I know its case by case and their mood that day plus luck, my lawyer told me to look out for new project, if i get before dec end then he will add those document else file as is and amend later when i get new project

[unsure]

Thanks for all of your responses. I got new assignment in another county but in same state. My employer have filed for new LCA with job description of Programer which is mentioned in contract documents.
Now my employer is planning to respond RFE with H1 amendment as per new LCA, first question is, can this be an issue?

Another thing is, for this assignment billing rate is less and for this reason my employer have reduced my salary (A amount to B amount; B is very less the A arnd 20K) and also mentioned it in new offer letter which he is using for H1 amendment, this salary is same as prevailing wages used for LCA, I checked with him and he told me that this is not an issue as it is more than prevailing wage for this role in that area, my question is can this salary difference impact H1 extension?