I have my particular case to present to you all so i need your suggestions based on your experiences and understanding.
I entered US in the month of June , 2005, through a employer on H1B. I switched to other employer in the same year and worked with him the whole of 2006.
Then in February 2007, i transferred my H1B to another employer. Just for your information all 3 employers (all my consulting companies are owned by Indians).
Now my I797 (H1
of Employer C is valid till 4th week of Feb, 2010.I am currently working on a project with an end client (with a vendor company in the middle between the end client and my employer).This project is slotted to go through Oct end or max till 2nd week of Nov, 2009.
I have my PERM labour approved (for Employer C) i last week of April, 2009 and currently my I140 has been filed (Employer C) with Notice Date being June 16, 2009.
I want to apply for H1B Renewal as early as possible, the earliest i have heard that one can apply is 6 months prior (so in my case i can apply for extension in last week of August, 2009 since my current I797(H1
is valid till last week of Feb 2010)
My questions are these, kindly answer them as per your understanding:
1. I want to apply for H1B Renewal as early as possible especially because nowadays USCIS is asking for client letters, SOW and all other documents, my project being till October end 2009, so if i apply in August 2009 last week, there are good chances that if i get a RFE (say in a month) at least i can show USCIS the client contract papers and all the required documents. But my I140 is pending, and i have heard that i will get 3 years of H1B time if i apply after I140 approval, do i wait for I140 approval (which might get approved even after my project ends and then i will be in trouble)
Is it better to wait and take risk for I140 approval so that i will get one more year (since 3 years on I140 approval means i will get from Feb 2010 to Feb 2013) whereas if i do prior to I140 approval i will get only remaining 2 years (i entered US in Feb 2006 so i have time till Feb 2012)
2. Since i have H1B time till Feb last week 2010 (prior to requiring to get renewal done) looking from the economic trend, recession, would it be beneficial not to apply for renewal in August end 2009 but wait till (say January next year 2010) hoping that economy mite improve and USCIS might become a little more relaxed (because i am hearing a lot of H1B renewal rejections are happening nowadays). But if i apply in January 2010, i might not be having a project. so which risk is better to take?
3. If RFE comes in September 2009 end and i show them SOW and client contract only till Oct 2009, then how long will USCIS grant me H1B time
4. Suppose my H1B renewal is denied (say on Nov 15, 2009) but on my original I797 i have time till Feb. 2010, can i stay in US and work till Feb 2010?