Incorrect expiry date on H1 ext - please help!

J

javaguy1974

Registered Users (C)
Hi,

The H1 extension was approved until 09/2004. I got my first H1 in 11/1999, so the 6th year period expires in 11/2005. The company wants to file yet another extension to get the remaining time. I have the following questions:

1) Is it possible to ask the USCIS to correct dates on approved ext rather than filing for a new one?

2) I have a very urgent need to go to home country this month and also will go to the consulate to get stamps for me and my wife. Would it be any problem to get visas stamped given that the expiration date on the approval notice is 09/2004? Is there a minimum period of visa validity? Can be there any problems at POE?

Thanks,
javaguy1974
 
1. No, unless you originally requested till 11/2005
2.No problems at consulate or POE because of 09/2004.
 
Was there not a rule, that the H1s would be approved in terms of 3y, 2y and 1y. Or that has changed?
 
Thanks guys for your feedback.

I'm not sure about any rules regarding years on H1 but I remember that my lawyer applied for an extension before my first 3 year period expired. He applied for an H1 transfer and extension at the same time. As a result of that I've got one year less on the approved petition. In Nov'03 I had yet another visa transfer and thought that the lawyer would take care of this but he didn't. I'm so flustrated with this since I was waiting for the approval notice more than 6 months only to find out that I've got 3 more months.

Also, I noticed that the exp date is 09/2003 on the LCA. If I'm understanding this correctly an approved LCA gets to USCIS and based on the dates on the LCA the USCIS issues the approval. Do you think that the LCA part was screwed up by the laywer in the first place?
 
javaguy1974 said:
Thanks guys for your feedback.

I'm not sure about any rules regarding years on H1 but I remember that my lawyer applied for an extension before my first 3 year period expired. He applied for an H1 transfer and extension at the same time. As a result of that I've got one year less on the approved petition. In Nov'03 I had yet another visa transfer and thought that the lawyer would take care of this but he didn't. I'm so flustrated with this since I was waiting for the approval notice more than 6 months only to find out that I've got 3 more months.

Also, I noticed that the exp date is 09/2003 on the LCA.
--------- are you sure Expiry date on LCA is 09/2003 then how did USCIS approved your H1 till 09/2004?????? I think the LCA was approved/valid till 09/ 2004.
If I'm understanding this correctly an approved LCA gets to USCIS and based on the dates on the LCA the USCIS issues the approval.
---that is correct
Do you think that the LCA part was screwed up by the laywer in the first place?
---may be by lawyer or employer asked LCA for that time from DOL, you need to find out from lawyer or employer
Click to expand...
 
javaguy1974 said:
Yes, you're right the LCA exp date is 09/2004, not 09/2003. I think that the lawyer screwed this up.
Click to expand...


yea.... usually when filing for LCA, the dates are discussed between Lawyer-HR-hiring manager. If we dont put our leg in, they mess it up. Lawyer always wants the shortest time, so that he can apply again for extension and bill your employer again.
 
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