Expiring SOW for H1B visa application under 2015 cap

USA H1B Visa
1

Hi Saurabh,

[b]My background:[/b]



I am currently based in India since Nov 2012.  Before that I was in USA for 5 years on L1B visa (from Sep 2007 to Nov 2012).  Before my L1b visa expiration, my company applied for L1A visa (while I was in USA) so that I can work for couple of years more in USA as L1A visa duration is 7 years.  But unfortunately it got rejected in end of Oct 2012 and I left USA in 10 days after rejection in Nov 2012.



Last year my company applied for H1B in 2014 cap, but my application was not selected in lottery and same was returned back.



Now this year, they are again applying for my H1B visa this year in 2015 cap and will submit my application to reach USCIS 1st April 2014.  However the SOW that is signed between my company and client is expiring on 30th Apr 2014,  The renewed SOW is expected to be signed by Mid of April 2014.  So looking to the last year's H1B lottery scenario, my company is going to apply my H1B visa on same old SOW (which is expiring on 30th Apr 2014).  They are telling me that an RFE will come in this scenario and by that time they will receive the renewed SOW and submit the same once they get an RFE.



[b]My Questions:[/b]



Could you please advise whether it is feasible to apply H1B visa on the SOW which is expiring in 30 days after 1st April 2014? Is there any chance of RFE? Or USCIS will simply reject my case?



I would prefer not to apply rather than having one more rejection as I had already got one rejection on my name during L1A visa application in past in year 2012.



Regards,



MD
2

There might be chances of getting RFE, if officer notices… Why not insist ur petitioner to get the updated SOW and file as there is lot of time, rather than running into RFE…

3

Thanks for your inputs & suggestion, Rana.
The problem is that the updated SOW is expected to come around mid or towards end of April 2014, and looking to lottery scenario wherein H1b quota might get exhausted in 1st week of April 2014 (like last year) our petitioner won’t be taking chances to wait for updated SOW and they are planning to submit H1b application with current SOW so that it reaches USCIS office on April 1st.