Hi All,
I am in my 7th year H1, have to extend to 8th year in couple of months.
I got 140 RFE about 3 months ago saying "It is unclear from the evidence of records whether the beneficiary will be working in-house or contracted out to the field, provide specific information as to existing contracts which identify with whom the beneficiary will be working and clarification as to the job position".....
We sent a reply with the contracts I had with my mid-company, saying I am working at the client for about 2 yrs now, and an extended contract from 1 week to 1 year.
Also our company letter saying that I am an employee since 5 yrs, currently contracting thr. middle company etc.... and we have in-house projects... so I work both in-house and out....
Now, I got my 140 Denial, reason they say is ".... no evidence was provided to indicate the beneficiary would be continously paid during periods he was not employed. The peritioner has not submitted evidence to establish permanent full-time employment....".
I was given a choice to appeal.... but I heard that appeal's normally fail, and re-apply might be better choice....
Now we plan to do "Emotion to re-consider", filing all my past W-2's - to prove my full-time empl. with my company.
Then do re-file of 140 - which would help my 8th yr. H1 extension....
Any one has come across a case like this.... please let me know what other documents we need to be provided ?
Thanks in advance...
I am in my 7th year H1, have to extend to 8th year in couple of months.
I got 140 RFE about 3 months ago saying "It is unclear from the evidence of records whether the beneficiary will be working in-house or contracted out to the field, provide specific information as to existing contracts which identify with whom the beneficiary will be working and clarification as to the job position".....
We sent a reply with the contracts I had with my mid-company, saying I am working at the client for about 2 yrs now, and an extended contract from 1 week to 1 year.
Also our company letter saying that I am an employee since 5 yrs, currently contracting thr. middle company etc.... and we have in-house projects... so I work both in-house and out....
Now, I got my 140 Denial, reason they say is ".... no evidence was provided to indicate the beneficiary would be continously paid during periods he was not employed. The peritioner has not submitted evidence to establish permanent full-time employment....".
I was given a choice to appeal.... but I heard that appeal's normally fail, and re-apply might be better choice....
Now we plan to do "Emotion to re-consider", filing all my past W-2's - to prove my full-time empl. with my company.
Then do re-file of 140 - which would help my 8th yr. H1 extension....
Any one has come across a case like this.... please let me know what other documents we need to be provided ?
Thanks in advance...