Regarding H1B issue!!

S

sameerk1

Registered Users (C)
Hello Everyone,

I have my 1st H1B from Mar 2003. But I came to USA in April 2003 for 3 months and went back to India in June end. I again came to US in Feb 2005. Now i have changed the company. The new company has got my H1B transfer. The problem is that the new petition says that i have been here in USA since April 2003 (though i have been away to India for more than 1 yr). Is there a way the petition can be corrected or I have to apply for my GC before Mar 2008 to stay in US? If I change the company before that, then can i maintain H1 status till 2011 or only 2009 due to present employer mistake?
I would really appreciate your help. Thanks for advice in advance.
 
Thanks!!

Hello,

Thanks for reply. But should i ask them to make correction now or just wait till 2009 ? Can correction me made easily ? I heard that it takes around 1 yr to make corrections ?

Thanks for your help again.
 
I think it's better to correct it otherwise the fact in this petition and the next petition for extension does not match.
Since it has been already approved, you probably need to file amendment.

http://www.immigration.com/newsletter1/cscupd020503.html

Correction of I-129 Petitions filed with Incorrect Information: Although you have addressed this question in the past, members continue to seek guidance regarding the best way to correct an obvious typographical error on a pending I-129.

If the I-129 petition is pending, one may submit a fax to the Division II duty officer requesting the petition to be corrected. If the center is unable to make the requested correction before adjudication of the petition, an amended petition will be required to obtain the correction. If a correction is required due to Service error, the center will make that correction without fee. However, the inability to respond to a request for correction of a typographical error on an I-129 will not constitute Service error.
 
I-129 petition

hi, i would be thankful if any one can reply me for this quetion.
should we have to get I-129 petition signed by the employer, even after getting LCA & I-140 approved?,because my attorney sent a I-129 form to my employer to get their consent for H1B extention. My H1B expires on 5/1/2007. and my husband's H4 expires on2/22/2007. we need extention.
thanks in advance.
Jc_gc
(Teacher ,EB-3,PD-4/13/2003, RIR, India, LCA & I-140 approved and waiting for visa open.)
 
You must log in or register to reply here.
Top