I completed 6 years in H1B few years ago and since then I have been extending my H1B status in one year increments based on a pending labor certification application. Last year my labor certification application got approved and I filed for I-140. The I-140 petition is still pending with USCIS. This year when the one year period on H1B was about to expire I applied for another one year extension based on the approved labor certification and pending I-140 petition. I was however given a 3 year extension on H1B status. Does any one know from your experience if this is a mistake from the part of USCIS or can USCIS give 3 year extensions even if the I-140 petition is still pending? I am wondering if I have to do anything to avoid possible problems in the future. Do I need to confirm with USCIS that this is not a mistake? My lawyer thinks this is fine. On one of the forums where I posted this question, someone advised that I should contact USCIS as soon as possible to correct the mistake. Thanks for your advice.
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H1-B 7th year extension approval for 3 yrs while I-140 still pending
- Thread starter web_user1
- Start date
Thank you for your response. Do you think an INFOPASS appointment is the best way to discuss this issue with USCIS or a formal letter from me or my attorney to USCIS to correct the situation.
You can take infopass to talk to them, but they can not correct it. You eventually need to file I-129 again, but fee might be waived if it is due to the mistake on CIS side.