H1B validity date / beyond 6 years - confusion?

[justcuriousaa]

Hi,

I came to US in Oct 2002 and been in US continously since then (only twice I went out of country for 1 month each in between).
Technically speaking my 6 years should be over by Oct 2008.

But when I transferred my H1B in 2006 to my current employer, I got petition till July 2009(I dont know how). My 140 petition with this employer is denied.

Hence, now I am planning to join another employer and start my Labor process afresh and I know Labor should be applied 365 days before 6th year end to have possible extension of 7th year.

Now I have some questions regarding this scenario:

1. Since my current H1B visa petition is till July 2009( eventhough I complete 6 years by Oct 2008), if I transfer H1 to new employer, will my new H1B visa get validity date till Oct 2008 or July 2009?

2. What date would be considered for extension of 7th year if labor is pending for 365 days
Is it Oct 2008 or July 2009?
If it is Oct 2008, i am screwed since I am already on 6th year.
If it is July 2009, I have few more months to file Labor.

Thanks
-M

 

[nscagony]

If they gave you an end date of July 2009 in error you will be out of status after October 2008. You can't benefit from USCIS processing errors (some people even have to return their GC because USCIS approved it in error without available visa number).

 

[txh1b]

You have to be careful not to use any erroneous approval time from USCIS. It will come and haunt you later in your life.

USCIS has erred and approved beyond the 6 year time for some people in couple of instances and that period has to be used only if you have proper authorization (like a pending labor for 365 days) or I140 pending/approved.