H1 Extension Issue

mvermani

Registered Users (C)
My 6th year is expiring in May 2006 and I changed employer in June 2005. He applied for my H1B transfer and 140 with substituted labor. The labor has a priority date of June 2003. From USCIS we got the H1B approval for 3 years and it is valid till June 2008. Is it by error? Do I have to report something to USCIS? My company says that my H1B is valid till 2008 and we don’t have to do anything for 7th year H1B extension.

But from my understanding I have to apply for extension next year and it is our responsibilty to tell USCIS of the possible oversight of a 3 year approval of H1-B which will spill over even after the 6 year time period [my company says not to worry about it]

Q) Is the 3 year H1-B approaval in my case valid (knowing that my 6 years complete in May next year)?

Q) Will I have to apply for the 7th year extension or can I use the newly approved H1-B (3 years approval)?

Please help!
 
3 years extension beyond 6 years is granted only if I140 is approved, but PD is not current(meaning you can not file I485).
I think your case is a mistake of USCIS..
I do not know if you should report it to USCIS, but to avoid any trouble, it may be better to report it to USCIS and let them correct it, if it's mistake.
 
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