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H1b extension for more than time left

Arlington, VA |

I recently changed jobs and had to file for H1B transfer. I had less than 1 year left out of my 6 years. I don't have a perm application pending for more than 365 days nor do I have a i-140 approved. Basically I have never started a GC process but my H1B approval notice says that my H1B is extended for 3 years. Is this common or is it a mistake on USCIS part? And I am planning to go for stamping in couple of weeks, what should I do?

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Attorney answers 2

Posted

Make an appointment to talk to your current EMPLOYER'S immigration attorney about this. USCIS is known to make mistakes, but if a mistake it is, they'll catch it at the consulate and could even accuse you of fraud.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Asker

Posted

Thanks already emailed employers attorney but should I contact USCIS on my own?

Posted

That appears to be a mistake by USCIS.

Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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