USCIS mistakenly approved my h1b beyond 6 years limit…

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rahman15

Registered Users (C)
Last year when I transferred my h1 from company A to Company B, USCIS approved my h1b beyond 6 years limit.
My 6 years limit of H1b supposed to end 12/15/2008 but in my new approval document says 12/15/2009. I am assuming this is USCIS mistake.


My question is:
- Should I ask my employer/attorney contact USCIS to correct it?
- If not, will I able to use this time if I needed to. Due to delay in my green card processing, I may have to ask for H1b extension. When should I ask for extension – based on 12/15/2008 or 12/15/2009?
- What normally USCIS does when they make mistake? If I stay beyond 12/15/2008 without extension and USCIS then find out about their mistake – what would happen?

many thanks,
rahman
 
Yes, please ask your employer's attorney to correct it - later on if USCIS finds it you have to face the consequence.
 
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You can't benefit from USCIS error. If they find out they send you a corrected approval notice and you will be out of status retroactively.
 
OK..thanks guys for quick response...

- what if i don't need beyond 6 years H1b time. Still l have to inform USCIS ?

- Is it my OR Employer/attorney's responsibility to inform USCIS error?
 
Thats a good question. As long you don't overstay beyond 6 years its unlikely to ever become your problem, just document it. Your employer should notify USCIS, but even if they don't it shouldn't matter much. Just make sure you don't stay beyond the correct date.
 
GotPR? said:
Curious what makes you think it is a mistake ?
Click to expand...

Because 6 years of my limit will end December 15, 2008 but USCIS approved until 12/15/2009.

Other than extension, in any circumstance does USCIS approved beyond 6 years limit?

I ma curious why do you think this is not mistake?
 
I am not exactly sure about the context for u....
but..extension beyond 6 yrs is common in the medical training field where u need a set number of years to complete MD or other training.
I know a case where 10 more months of residency were needed after 6 yr H1B period. She applied for extension in her last yr and it was approved for another 10 months beyond the 6 yr limit.
 
Section 214(g)(4) of INA provides that “the period of authorized admission as [an H-1B] nonimmigrant may not exceed 6 years.” USCIS cannot override laws. If USCIS approved your friends petition, it was in error as well.
 
rahman15 said:
Because 6 years of my limit will end December 15, 2008 but USCIS approved until 12/15/2009.

Other than extension, in any circumstance does USCIS approved beyond 6 years limit?

I ma curious why do you think this is not mistake?
Click to expand...
So, you don't have any GC process going on ?
 
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