I worked for Company A on an H1B for 6 months (October 2009 through April 2009). I was laid off (April 2009) and left the US within 30 days of my last day of employment (May 2009). I returned to the US 3 months later (August 2009) on a visitor’s visa (B1/B2). While on vacation I secured employment and my new employer Company B filed an H1B petition on my behalf which was approved (December 2009). When they filed the petition they filed it as a change of status from B1/B2 visa to H1B visa. I provided the lawyers at my company with my previous I-797A (H1B approval) from Company A and they were aware that I had worked for 6 months on H1B for Company A. However the lawyers for Company B made an error in their petition and stated that although I had an H1B approval from Company A, I never used it which is incorrect. I realized the error after Company B had already mailed my petition to USCIS. As soon as I realized the error I notified the Company B lawyers and they emailed USCIS to inform them that there was an error and I had worked on my H1B for 6 months. When I got my 1-797A approval for Company A and I looked at its validity I had been given a full 3 years approval, meaning that the time I had worked at Company A on H1B (6 months) were not subtracted. It meant that my 6 months at Company A never happened and I had a full new 6 years. My understanding is you cannot be on an H1B visa for more than 6 years. I reached out to my lawyers again and they told me that they could not do anything about it at the moment and I had to wait till my 3 years was up and an extension was being filed, at that time I would have to inform the lawyers filing my extension that they cannot request a 3 year extension for my H1b instead they had to request 2 years 6 months as they had to subtract the 6 months I worked on H1B at Company A.
My questions are:
(1) Is this ok to wait until my extension is filed to correct the validity date?
(2) Is there anyway I can correct the validity date now versus waiting, I do not want to wait.
(3) Given my scenario, am I correct in assuming that the 6 months I worked on an H1B should have been subtracted from the validity of my Company B work visa?
(4) If I need to correct the validity period on my Company B h1b visa, what forms need to be completed and what is the cost?
I would appreciate your responses.
My questions are:
(1) Is this ok to wait until my extension is filed to correct the validity date?
(2) Is there anyway I can correct the validity date now versus waiting, I do not want to wait.
(3) Given my scenario, am I correct in assuming that the 6 months I worked on an H1B should have been subtracted from the validity of my Company B work visa?
(4) If I need to correct the validity period on my Company B h1b visa, what forms need to be completed and what is the cost?
I would appreciate your responses.