I am in USA and need your legal advise on my H1B visa extension.
I am on H1B in USA and have come to USA for work, just 8 months back.
So, I am eligible to work in USA for next 5+ years.
I am in a catch 22 situation and not able to decide what should be my next step, please provide your
input based on latest updates and experience .
Issue : My petition is expiring in Feb 2018 but my existing project has contract only till 31st Dec 2017.
It may get extended till March 2018.
As per my knowledge, it is mandatory to provide valid SOW ( Contract copy) along with other documents for filing H1B
extension and extension must be filed atleast 2 months before petition expiry date. So, by DEC , the existing SOW will either get expired before 2 months of my petition ( If contract is not extended or will expire after one month of petition expiry ( If contract get extended ).
My Question : Will it be a risk on my visa , if I submit extension request with SOW which is expiring by Dec 2017 or March 2018 ?.
As per my analysis :
As per my analysis, in past some times extension request was getting approved without SOW and sometime with an RFE, but recently i have read a lot that on submitting H1B without a good SOW ( Valid ) has high risk of visa rejection (Some time visa gets rejected Without any RFE ).
I do not want to take any RISK. I have an alternate way to deal with this situation.
I can take release from existing project and file extension from another project which has good/valid SOW. But i want to exercise this step only if there is a risk on my visa extension in current project.
Please share your experience and suggestion.