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What is the minimum period of petition validity given when I am applying for an extension

La Grange, IL |

my employer has applied for extension on what basis is the petition validity judged

The Visa is H1B and the visa expired on feb82013.My employer filed an extension and it got approved.I was just curious to know what would be the minimum period of validity of my petition.My LCA is valid till 2016 sep

Attorney Answers 4


  1. Best answer

    What petition is this?

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  2. If you are talking about an H-1B visa, there is no minimum period of validity. If for example you had used 5 years, 11 months and 2 weeks of your six years of H-1B validity, your employer could file for an extension to get that last two weeks of time.


  3. if you do not bother to give sufficient details, how do you expect us to comment? I have no idea what you are asking about.


  4. It depends what your employer is filing to extend. If you mean an H1b, it is controlled by the validity of the Labor Condition Application.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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