New H1B Approved for only 1 year - Please give your insight

[the_invisible]

Hi there,

I have a M.S. Degree in CS. I have utilized 25 months of my OPT (with STEM Extension). I have filed a H1B visa with a consulting firm in Apr 2011 and got the approval in Jul 2011 (under Premium Processing).

But USCIS approved it for only 1 year. I was not sure about the reason and inquired my lawyer (para legal?) and the lawyer informed that a client letter was not submitted - hence the approval was only for 1 year. My client will not give any such letter as it is against the company's policy.

1. Is there anyone with similar issue?

• Do you think the reason that the lawyer gave is correct? Or are they any other reasons?

• What are my options?

• I am planning to start my GC process? Anything to look out for? Any suggestions?

FYI, if it helps:
1)The RFE was about providing an evidence that H1B sponsoring employer has complete right over beneficiary to instruct/hire/fire the him/her, to produce the corresponding agreements between employer and vendor(s)/client.

2) I have a layer between my employer and vendor.

I am planning to post this with Rajiv Khanna's conference call thread to get his insight as well (if it's permitted).

 

[angela20]

If the employer want you to continue working for them, they will extend H1B. The employer should file for Green Card process.

 

[the_invisible]

Thanks for the reply. The employer is agreeing to file for extension 6 months prior to visa expiry (which is good). Employer agreed to GC process as well. But the question is :

1)Is the reason that the lawyer stating (for 1 year approval) correct? Any other possible reasons?

While extending, if my client doesn't give me a end-client letter then what are my options other than finding another client)?

 

[ginnu]

Thanks for the reply. The employer is agreeing to file for extension 6 months prior to visa expiry (which is good). Employer agreed to GC process as well. But the question is :

1)Is the reason that the lawyer stating (for 1 year approval) correct? Any other possible reasons?

While extending, if my client doesn't give me a end-client letter then what are my options other than finding another client)?

May be the lawyer who filed H1 asked H1 for 1 year on I-129 form.
May the lawyer submitted LCA that is valid for 1 year.
Nobody can give you correct answer as we have not seen your complete H1 petition package that was sent to USCIS by your company lawyer.

** Don't mix H1 with GC process. GC is for future job and H1 is for Present job. You can request your employer to file LC for you(LC is the first step of GC).