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bizzysurfer

Incorrect time outside USA in I-129 petition (approved)

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Guys I left my employer in USA in Mar'17 due to a family emergency. They are ready to hire me again. I was in H1B for only 3 years when I worked for them so still have cap exempt H1B 3 years left. The immigration attorney while filing the petition asked me the time outside USA which I thought was being asked for the duration when I worked for them. I gave them my I-94 travel dates and told them I was outside USA 88 days (thinking they already know that I am not in USA from Mar'17). I also mentioned that in USA for only 8xx days.

Now they filed H1B petition mentioning that I am working with them from Apr 2014 till present and petition was approved till Apr 2020 + 88 days. Actually it should have been for 2 years and 8 months more. I hope it has not been confusing so far.

I just informed them about the mistake, do they now need to file a new I-129 petition or amend the existing one (waiting for their reply). I have already scheduled the consulate appointment for Visa, will I be able to enter the USA (assuming I get the Visa) on the existing I-129 while it is being amended (or a new one is being filed).

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I am sorry to say but yours is really tricky. You said you are going for visa interview. At that time they will ask you the exact dates when you are out of USA and when they do not match with your approved H1B they might dig in deep. Ask experts and take a decision...Please do not depend on here for magical answers...

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Thank you for your reply. My Visa appointment is after 1 month and 1 week, so I have got some time if an amendment needs to be filed. I am not sure how they got this wrong when I provided my entire travel history.

Do you think they should file a new H1B petition or an amendment needs to be done?

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