Regd; I-140 Filing.

[rchandran_19]

Regd; I-140 Filing. URGENT!!! URGENT!!!! URGENT!!!!

Hi,

My attorney is about to file for my I-140. I have a doubt that I need clarification.
briefly about my case:
I am from India and Iam on a H1. My H1 is till July 2008...it should have actually been only till June 2007. It can be the mistake of the attorney who filed my H1.
I would complete my 6 years on June 2007.

now, the attorney is saying we can go ahead and file for the I-140, and once it is approved, we can then file for h1 extension in the month of June 2007(for a 3 year extension), eventhough I have a H1 that is not dated correctly( I have my H1 dated july 2008).
The reason she gave was, " right now you are in status and will be in status till June 2007. So, don't worry about it. Once the i-140 is approved, immediately we can apply for an extension of H1."

Is it true?? I am still confused whether I Should first change the dates on my H1 by submitting an amemdment (129 form)? and then apply for I-140?
Or go with my attorneys suggestion??

Please help me if anybody out there are in the same situation or have come across similar situations. Do address my concerns, which would be greatly appreciated.

Thanks,
Chandran

 

[nervewreck]

You seem to have sometime to get your H1 ammended. Your Attorney is correct. You could go ahead and apply for 140 (preferably premium) and then when applying for your H1 extension for 3 years, your lawyer can make an additional comment on the covering letter about the rectification that needs to be made.

As for the incorrect H1, I have been told that, as long as you have an approved original i-797, things should not matter, but its better to be proactive and point out to USCIS if they made a mistake.

Good Luck.

 

[rchandran_19]

Thank you "nervewreck". This forum has always helped people like me with any kind of doubts...thanks to people like you who are truly a great help to others who know vey little about immigration issues.