6th year I-797 end date confusing

N

navneet_v

Registered Users (C)
Hi all,

I entered US in Nov 2000 on H1 and my 6 years will complete in Nov 2006. In late 2004, when my company filed for my last H1 extention, CIS gave an end date of Dec 2007 instead of Nov 2006 in the I-797 Approval (even though the correct information - date of entry as Nov 2000 was provided to CIS). Since 2005, my PERM Labor and I-40 have been approved and I am eligible for a 3 year extention. The H1B visa on my passport expires in Dec 2007 and so does the I-94.

The question is - is the Dec 2007 date a mistake from CIS or is it a valid date? My lawyer says that we can stand by the date. Please let me know your views or if anyone has come across such a situation? In what scenarios does CIS give more than 6 years on H1?

I still have a few weeks left and can file for a Premium processing for the 3 years extention, if needed.

Please help.
 
In a similar situation (though with no LC filed) my lawyer submitted my petition with an employment end-date exceeding 6 years from my date of initial entry into the US. The petition was approved and the I797, my new H1B visa and I94 now all have the date exceeding the 6 year limit by 5.5 months.
My new lawyer has stated that the USCIS would consider this a "clerical" error and that I would have to leave at the end of my 6 year limit with no regard to the date in my visa/I94, i.e. I can not stand by the date...
 
You must log in or register to reply here.
Top