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Old 01-15-2010, 08:49 AM
patelbhai patelbhai is offline
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Default H1-B Renewal - Employee-Employer relationship

Please advise -
1. My H1-B is set to expire in May 2010
2. My employer (Consulting firm) had direct contract with the Client expiring in 2011.

What are my options here? Just from the memo, do I stand a chance to the renewal or USCIS would reject the application and I should start looking for other options in advance?

Thanks a lot
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Old 01-15-2010, 10:19 AM
martinvisalaw martinvisalaw is offline
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Based on the recent memo, it may be difficult to get an extension past 2011. It is worth trying, however. If the extension is just granted until 2011, your employer might be able to file another extension later, if the contract gets extended past 2011.
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Old 01-15-2010, 10:30 AM
patelbhai patelbhai is offline
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Quote:
Originally Posted by martinvisalaw View Post
Based on the recent memo, it may be difficult to get an extension past 2011. It is worth trying, however. If the extension is just granted until 2011, your employer might be able to file another extension later, if the contract gets extended past 2011.

Thanks for the quick response.

But with the new memo, do you think USCIS might possibly revoke my H1-B extension which will be file next month or two based on the Empoyee-Employer relationship, or I should be okay since my company has direct contract with the Client.

Thanks again
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Old 01-15-2010, 10:53 AM
GetGC08 GetGC08 is offline
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Quote:
Originally Posted by martinvisalaw View Post
Based on the recent memo, it may be difficult to get an extension past 2011. It is worth trying, however. If the extension is just granted until 2011, your employer might be able to file another extension later, if the contract gets extended past 2011.
Hello,

Accoring to the new rules for H1B. There are two points I noticed for Extension.
Point-1 :
On page 9 of memorandum, rules for Extensions Petitions. I think you may have already refered it if not then can you please refer it as am not able to paste here ?

Point- 2:
In the Q&A/FAQ provided by CIS
Q: What if I am filing a petition requesting a “Change of Employer” and an extension of stay for the beneficiary’s H-1B classification? Would my petition be adjudicated under the section of the memorandum that deals with extension petitions?
A: No. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.

Now here is my case.
I am on H1B since 2005 with same employer. My I-140 is already approved under EB-2. My current H1B will expire on 1-Aug-2010 & planning to apply for extension in Feb-2010 with premimum processing with client letter, pay checks for 1 year, last 3 years of W2's & also can provide timesheets for 1 year.
My company/employer is consulting compnay with 150 employee's. Right now my client(large bank) is not a direct client to my company.

Can you please answers to my questions below based on 2 points mentioned above ?

Q1. So how this new rules will affect my case ?
Q2 As above mentioned Point 1 & 2, will those points help me as I am with the same employer & applying for the extension ?

I will greatly appreciate your response.

Thanks.
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  #5  
Old 01-15-2010, 11:16 AM
martinvisalaw martinvisalaw is offline
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I really can't comment on specific situations/filings that I'm not preparing. Unless I see the exact documents being submitted, I can't give an opinion, sorry. Also, the memo is too new for anyone to know how CIS will interpret it.
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  #6  
Old 01-15-2010, 11:31 AM
GetGC08 GetGC08 is offline
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Quote:
Originally Posted by martinvisalaw View Post
I really can't comment on specific situations/filings that I'm not preparing. Unless I see the exact documents being submitted, I can't give an opinion, sorry. Also, the memo is too new for anyone to know how CIS will interpret it.
Thanks a lot for your response.

I really appreciate it.
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Old 01-15-2010, 12:13 PM
patelbhai patelbhai is offline
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Quote:
Originally Posted by martinvisalaw View Post
I really can't comment on specific situations/filings that I'm not preparing. Unless I see the exact documents being submitted, I can't give an opinion, sorry. Also, the memo is too new for anyone to know how CIS will interpret it.
Thanks for your response !
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Old 01-17-2010, 01:03 PM
snathan snathan is offline
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Quote:
Originally Posted by martinvisalaw View Post
I really can't comment on specific situations/filings that I'm not preparing. Unless I see the exact documents being submitted, I can't give an opinion, sorry. Also, the memo is too new for anyone to know how CIS will interpret it.
Hi,

Would you mind to share your views about this new memo and legal action in the following thread.

http://immigrationvoice.org/forum/fo...ml#post1374136
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