H1 - B Correction petition

[ramkris]

Hi ,

My H1 - b was approved one year back. But the problem is the expiration date is wrong. So my attaorney appliedd for a correction more than a year back to the nebrask service center. The form used was Form G-731N.

we did not hear anything yet from the INS. usually how much time does it take for correction of H1-B. Did anyone has the same probelm before. If so can you please tell me how you got it corrected and which forms u used.

Thank you

 

[GotPR?]

Are you sure it was G-731N ? It seems like for permanent resident.

http://www.uscis.gov/files/form/g-731n-eng.pdf

I guess correction on H1 should be done with I-129.

 

[ramkris]

yes... that is what my attorney used for correction petition --> G-731N form.

I looked into that form too and it says use page 1 for general Inquiry and page 2 for permanent resident card inquiry of this FORM.

My attorney used page 1 and checked the box

NOTICE CORRECTION - Attach copy of the Notice with the requested corrections noted.

Can you confirm for sure if we have to use I-129 for correction? or can u suggest where I can look for correct information?

Thank you

 

[GotPR?]

The title is I551 inquery so i believe it is only for use by PR(not sure if you have some tricks to use it for non-immigrant request).

http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

If wrong expiration date is due to CIS's mistake, it's definitely I-129. You should talk to the lawyer who filed request.

 

[ramkris]

Thanks for your insight.

I also found that we can use I-102 form for the correction on I-94 on H1-B approval notice. But it takes more time.

can we just file a 1-129 amendment instead, may be in Premium processing?

Thanks again for your help

 

[GotPR?]

If it's the mistake on CIS, fee is free and you had better file it. If it's mistake on your side, you have to pay the fee , so make it clear whether it's their mistake or not.
I don't think premium processing is required as you already got approval.

You should make a decision based on lawyer's suggestion.

 

[ramkris]

I am out of luck. My attorney is not ready to do anything and is not going to apply again a I-102. all she says is you will be in status dont worry about it. As long as you have the correction petition document, you are fine even if I or my fiancee attend the consulate for extending my visa....or getting H4 visa

I am

But You have been very helpful. Thanks a lot!

 

[ramkris]

BTW..its was my attornies mistake. So thats main problem.

 

[GotPR?]

I am out of luck. My attorney is not ready to do anything and is not going to apply again a I-102. all she says is you will be in status dont worry about it. As long as you have the correction petition document, you are fine even if I or my fiancee attend the consulate for extending my visa....or getting H4 visa

Yeah, obviously the attorney screwed it up.
But I think it is true that you are in status and you can file extension when the current one expires.