H1-B Incorrect Date??? Pls Help

M

mirage27

Registered Users (C)
Hi All,
I need some advise on my H-1 visa. About 1.5 yrs ago I got my H-1 from Company A. My H1 Should have expired (6th yr) six months ago, however the expiration date on the
Visa is for later this year. In effect I got almost 1 extra year. My questions are:


1) Is this normal?

2) My labor is in process for over a yr, when I apply for an extension, will this cause
Any problems? Does INS go back to original date?

3) I am looking at getting a multiple entry stamp on my passport, will this be an issue?

4) Does INS track the start and end of every H-1? What should I do

Thanks in advance
mirage
 
1. Yes. But this is not an encouraging answer to you
2. You should apply for a new H1 ASAP based on 7th yr extension. There is likelihood that this might be rejected...
3. No
4. No.But a shrewd POE inspector or INS officer at local INS office when you go for GC stamping can find this and expel you immediately...
 
More Q

Thanks Jaxen for your advise...I was wondering

1) I looked at the form required for renewal, they don't ask you to list the history, so If they have a database, then they would not have done it incorrect in the first place?

2) If I apply for my 7th yr approval, will they find out that there was an issue with this H1? In short what is the proceess on their end?

3) Should I leave the country for a yr and then return on a fresh H1, would that solve this issue?

Thanks again
 
Everybody,

Since this kind of situation (incorrect dates on H1 approval notice) are common, can somebody please share their experenices in this forum?.


Thanks
Kva
 
Spoke to Attorney

The attorney that i spoke to said that, he had never heard of this happening.
Since there was no fraud on my part (I provided all the docs to INS) I might be ok. The only way that I could get into trouble is when I appy for an extension. They may/may not audit or do a thorough check.

He said that if I get my Labor Certification before that, then I don't have to worry about getting any H-1 renewals. Is this accurate? I thought it was after the I-140 was approved.

Thanks
 
Mirage27

Your attorney told you that you will be ok after Labor approval
because he might be doing concurrent filing(140 and 485) for you.
 
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