Hi, I changed my employer in 2002 June and my I797 got approved till March 2005. My Visa and I94 also states the same date. But my H1B duration of Six year period completes on January 2004 (I came to US on 21st Jan. 1998). Somehow I got 1 year more Visa period and also I94. Please let me know, will this be a valid stay after Jan. 2004. My Labor certification was applied in Tennesse in Jan 2003. Any sugessions highly appreciated. Thanks, Srini Katakam.
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H-1 6 Years Expiring
- Thread starter katakam
- Start date
Hi, I changed my employer in 2002 June and my I797 got approved till March 2005. My Visa and I94 also states the same date. But my H1B duration of Six-year period completes on January 2004 (I came to US on 21st Jan. 1998).
----- It is BCIS mistake, your H1 approval should be for 2004(count the 6 years from your entry to US) if it is BCIS mistake get it corrected or it will be discovered later and may create problems, talk to your lawyer
Somehow I got 1 year more Visa period and also I94. Please let me know, will this be a valid stay after Jan. 2004.
----NO, it will be discovered by BCIS later or at the time of final GC, get it corrected
My Labor certification was applied in Tennesse in Jan 2003.
------ if your LC is approved before 365 days you can file I-140 and I-485 and also can get H1 extended on base of I-140 pending or I-485 pending. If you don’t get LC cleared then you need evidence that LC was filed 365 days back then file for 7th year extension with LC filing 365 days back( evidence is SESA or SWA receipt)
Any sugessions highly appreciated.
--- go to our lawyer and ask him to get your H1 corrected till jan 2004
----- It is BCIS mistake, your H1 approval should be for 2004(count the 6 years from your entry to US) if it is BCIS mistake get it corrected or it will be discovered later and may create problems, talk to your lawyer
Somehow I got 1 year more Visa period and also I94. Please let me know, will this be a valid stay after Jan. 2004.
----NO, it will be discovered by BCIS later or at the time of final GC, get it corrected
My Labor certification was applied in Tennesse in Jan 2003.
------ if your LC is approved before 365 days you can file I-140 and I-485 and also can get H1 extended on base of I-140 pending or I-485 pending. If you don’t get LC cleared then you need evidence that LC was filed 365 days back then file for 7th year extension with LC filing 365 days back( evidence is SESA or SWA receipt)
Any sugessions highly appreciated.
--- go to our lawyer and ask him to get your H1 corrected till jan 2004