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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

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Attorney answers 4

Best Answer
Posted

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.

Asker

Posted

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

Tripti Sharad Sharma

Tripti Sharad Sharma

Posted

The total time you get on H-1B (unless you qualify for more based on GC process) is six years. At one time the maximum that is granted is 3 years.

Asker

Posted

Thanks Tripti Can you please let me know what is the minimum time and also let me know on what is it based on

Tripti Sharad Sharma

Tripti Sharad Sharma

Posted

It is completely up to the USCIS. If the employer is not able to evidence employer for the period of time requested, USCIS can grant 1 year or less depending on what evidence was sent.

Asker

Posted

Oh Thats fine let me keep my fingers crossed for the moment Thank you so muchh for the reply

Posted

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.

Posted

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.

Asker

Posted

Sorry sir for the delayed reply 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

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Form I-797 indicates the time your visa is valid. Anytime one day from the day of approval is your minimum validity.

Posted

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.