My 6 years on H1B expired in January 2009. My employer (software consulting company) applied for H1B Extension in January 2009 and received RFE in March 2009 and the Response is due by May 1, 2009.
In the RFE, USCIS has mentioned that as per the USCIS regulations at 8 CFR 214.2(h) (2) (i) (B) my company should send an itinerary of the work sites that the beneficiary is to be assigned and should include specific dates, locations, and clients that the beneficiary will be servicing. They have also asked to provide a copy of the contract with the end client or a letter from the end client that addresses the specific duties that will be performed by the beneficiary and have asked to submit the evidence also from the end client of their requirements for the position.
My Labor (PERM) is approved with PD in 2006. My I-I40 is also approved and the approval date is in March 2008. I-485 was applied in July 2007 and it is pending for over 180 days now. I have valid EAD till July 2010.
My employer had asked for 3 year Extension in the petition based on approved I-140.
My questions are the following:
1). My current project got over at the end of March 2009 and am out of Project now. It was a short project and started in December, 2008. At this time is it advisable to respond to the RFE only with the contract/letter from the client where I worked from December 2008 - March 2009 OR it shall not help as currently I'm out of project. Does my employer need to justify for all the 3 years that he has asked in the H1B Extension petition?
2.) What if my employer does not respond to the RFE? Is it okay? (I guess then the case shall be abandoned). Does it affects my Green Card process?
3). Can my employer Withdraw the H1B Extension application saying I don't need it as I have valid EAD till July 2010? Is is required to give a reason of your Withdrawal? Does this affects Green Card process.
4). My new assigment is starting on May 11 or so. Can my employer ask for an Extension of Time to respond to the RFE? (The received RFE says that "You may not receive an extension of time in order to submit the requested documentation")
I would appreciate your comments/feedbacks. Thank you very much for your time and help.
In the RFE, USCIS has mentioned that as per the USCIS regulations at 8 CFR 214.2(h) (2) (i) (B) my company should send an itinerary of the work sites that the beneficiary is to be assigned and should include specific dates, locations, and clients that the beneficiary will be servicing. They have also asked to provide a copy of the contract with the end client or a letter from the end client that addresses the specific duties that will be performed by the beneficiary and have asked to submit the evidence also from the end client of their requirements for the position.
My Labor (PERM) is approved with PD in 2006. My I-I40 is also approved and the approval date is in March 2008. I-485 was applied in July 2007 and it is pending for over 180 days now. I have valid EAD till July 2010.
My employer had asked for 3 year Extension in the petition based on approved I-140.
My questions are the following:
1). My current project got over at the end of March 2009 and am out of Project now. It was a short project and started in December, 2008. At this time is it advisable to respond to the RFE only with the contract/letter from the client where I worked from December 2008 - March 2009 OR it shall not help as currently I'm out of project. Does my employer need to justify for all the 3 years that he has asked in the H1B Extension petition?
2.) What if my employer does not respond to the RFE? Is it okay? (I guess then the case shall be abandoned). Does it affects my Green Card process?
3). Can my employer Withdraw the H1B Extension application saying I don't need it as I have valid EAD till July 2010? Is is required to give a reason of your Withdrawal? Does this affects Green Card process.
4). My new assigment is starting on May 11 or so. Can my employer ask for an Extension of Time to respond to the RFE? (The received RFE says that "You may not receive an extension of time in order to submit the requested documentation")
I would appreciate your comments/feedbacks. Thank you very much for your time and help.