H1B (new application) approved only for 2 months, have approved i140

[Singa17]

Have worked on L1B for 5 yrs & after expiry in Jan-2019, left USA to leave outside USA for 365 days. Being lucky, was picked in H1B lottery this year. RFE issued in Oct2019 & filed response with premium processing on December 5th 2019 & got approval for H1B on 10th December2019.

but to my & lawyer's surprise, H1B is approved only for 2 months (end date is Feb 24th-2020). I have an approved i-140 & have been with same employer ever since. No plan of moving to another employer. This is direct employer & no 3rd party relations is involved.

Lawyer's confirmed that this seems to be an error from the service & they are asking for feedback, because with approved i-140 validity should have been till August 2022.

But at this critical stage, I am looking for more answers in the meanwhile. Any thoughts as to why only 2 months was granted?

[User099]

I know you said you are a FTE, but if there is anything in the documentation that you submitted which had the end date for your project as 2/24/2020 might be the reason. If not, then its an error by USCIS.

[gopalakrishnach]

Do you work for any client ? If so what aboue SOW?

[Singa17]

thanks for feedback!

I am a direct FTE & there is no client involved. 

User099 : Correct. my paperwork submitted with RFE has 4 to 5 projects, with multiple timelines. As project are in different phases for launch.

None of the projects have end date of 24thFeb2020. 1 Project out of 5 has an end date of early Feb 2020 but other subsequent projects have timeline beyond 2022.

My Lawyer: Said they contacted the USCIS via PP line & have asked this discrepancy. USCIS replied "Requested for filing to be reviewed".
as you mention, error by USCIS, my lawyer mentioned exact same & told they will review & send an amendment approval notice.

My hope is that it is just a date error.

 

Question: so if my case is in Premium Processing, will USCIS get back within 15 days?

 

 

[Singa17]

On 12/13/2019 at 2:31 PM, User099 said:

I know you said you are a FTE, but if there is anything in the documentation that you submitted which had the end date for your project as 2/24/2020 might be the reason. If not, then its an error by USCIS.

User099 : Correct. my paperwork submitted with RFE has 4 to 5 projects, with multiple timelines. As project are in different phases for launch.

None of the projects have end date of 24thFeb2020. 1 Project out of 5 has an end date of early Feb 2020 but other subsequent projects have timeline beyond 2022.

My Lawyer: Said they contacted the USCIS via PP line & have asked this discrepancy. USCIS replied "Requested for filing to be reviewed".
as you mention, error by USCIS, my lawyer mentioned exact same & told they will review & send an amendment approval notice.

My hope is that it is just a date error.

 

Question: so if my case is in Premium Processing, will USCIS get back within 15 days?

[User099]

On 12/16/2019 at 9:30 AM, Singa17 said:

User099 : Correct. my paperwork submitted with RFE has 4 to 5 projects, with multiple timelines. As project are in different phases for launch.

None of the projects have end date of 24thFeb2020. 1 Project out of 5 has an end date of early Feb 2020 but other subsequent projects have timeline beyond 2022.

My Lawyer: Said they contacted the USCIS via PP line & have asked this discrepancy. USCIS replied "Requested for filing to be reviewed".
as you mention, error by USCIS, my lawyer mentioned exact same & told they will review & send an amendment approval notice.

My hope is that it is just a date error.

 

Question: so if my case is in Premium Processing, will USCIS get back within 15 days?

My guess it will be processed under premium processing, but you never know. Hope for the best and keep us updated!

[Singa17]

20 hours ago, User099 said:

My guess it will be processed under premium processing, but you never know. Hope for the best and keep us updated!

Thanks! Yes will keep you posted on what update i receive from lawyer or USCIS.

One more question: Can they file for my H1B extension (if the USCIS does not change this date of 24th Feb2020), while i am outside the USA?
Or do i have to get visa stamped & be physically present in the USA so that they can file my extension?

Reason I ask this, is just to understand what could be next step, if in case the dates don't change (hope this is not the case, & USCIS fixes this).

Thanks!

[User099]

3 hours ago, Singa17 said:

Thanks! Yes will keep you posted on what update i receive from lawyer or USCIS.

One more question: Can they file for my H1B extension (if the USCIS does not change this date of 24th Feb2020), while i am outside the USA?
Or do i have to get visa stamped & be physically present in the USA so that they can file my extension?

Reason I ask this, is just to understand what could be next step, if in case the dates don't change (hope this is not the case, & USCIS fixes this).

Thanks!

Yes. They can file for an extension even if you are not in US. But you will have to wait for the approval and get visa stamped to come back.

[Singa17]

On 12/18/2019 at 9:26 AM, User099 said:

Yes. They can file for an extension even if you are not in US. But you will have to wait for the approval and get visa stamped to come back.

Thanks for the details.

I am planning to enter US by Feb 10th or 11th. based on current petition i will get visa until 24th Feb2020.
Waiting for USCIS to hopefully fix error early January. (Finger Crossed!).

Question: I will be landing @ O'Hare Chicago. WOuld there be any extra scrutiny as the visa during entering is only for few days (10 to 12 days only)? Not sure if that question pops up then should i mention that we waiting for USCIS or even extension?

Curious to know what to answer in such situation.

Thanks again for all your responses. It has really helped me frame a plan. Appreciate it!

[User099]

You should tell the truth. But check with your attorney to make sure that 10 12 days will be enough if you have to submit a new petition or if they want you to travel earlier.

[Singa17]

On 12/23/2019 at 12:45 AM, User099 said:

You should tell the truth. But check with your attorney to make sure that 10 12 days will be enough if you have to submit a new petition or if they want you to travel earlier.

Thanks a lot.. Yes I will ask the attorney about entry date for sufficient buffer to file extension (in case the date error is not fixed).

Question: I am getting ready for visa interview documents. As I fill DS160, question is intended date of arrival.

Intended Date of Arrival:	01 FEBRUARY 2020
Intended Length of Stay in U.S.:

Considering my current petition ends on 24th Feb 2020, what should i put as intended length of stay in US?

[User099]

4 hours ago, Singa17 said:

Thanks a lot.. Yes I will ask the attorney about entry date for sufficient buffer to file extension (in case the date error is not fixed).

Question: I am getting ready for visa interview documents. As I fill DS160, question is intended date of arrival.

Intended Date of Arrival:	01 FEBRUARY 2020
Intended Length of Stay in U.S.:

Considering my current petition ends on 24th Feb 2020, what should i put as intended length of stay in US?

24 days. 

[Singa17]

On 1/2/2020 at 6:33 PM, User099 said:

24 days. 

Thanks!
Update: So i received the physical copy of 797 & i129 from my lawyer today.. As I was reviewing the documents, I see the LCA approval in this set of documents is till August 2022. But the petition still has the error date of Feb 24th 2020.
I am going for Visa interview on 14th January 2020 & enter USA by 31st January. If you could provide any details or material to prepare on the visa interview questions will be really helpful.

Question: So is there a possibility that LCA date & petition date can be different? Does this seem to be for sure an error?
My hopes still are that USCIS come back with the error dates fixed ASAP. 

[User099]

Yes, that's ok for the LCA date and Petition date to be different. LCA is filed for 3 years and petition is only approved for the period employer can show that he has work for the employee. As we initially discussed, USCIS might have seen something in your paperwork which made them believe the current project end date is 2/24.

Hopefully USCIS will review and extend your case till 2022.

 

[Singa17]

On 1/7/2020 at 11:48 AM, User099 said:

Yes, that's ok for the LCA date and Petition date to be different. LCA is filed for 3 years and petition is only approved for the period employer can show that he has work for the employee. As we initially discussed, USCIS might have seen something in your paperwork which made them believe the current project end date is 2/24.

Hopefully USCIS will review and extend your case till 2022.

 

Thanks so much for all guidance & details.

Update: My visa interview went well & Visa is approved as per petition end date (24th Feb 2020).
I will be entering the US by 31st January & then attorney will file the extension.

Overall, your feedback really helped me align a plan. Thanks so much!

I will write a detailed description summary as a separate post (once all extension dates are sorted). So that other people on this platform could help benefit from my experience.

Thanks!

[User099]

On 1/16/2020 at 7:17 AM, Singa17 said:

Thanks so much for all guidance & details.

Update: My visa interview went well & Visa is approved as per petition end date (24th Feb 2020).
I will be entering the US by 31st January & then attorney will file the extension.

Overall, your feedback really helped me align a plan. Thanks so much!

I will write a detailed description summary as a separate post (once all extension dates are sorted). So that other people on this platform could help benefit from my experience.

Thanks!

Awesome....glad all worked out for you.

[Singa17]

On 1/17/2020 at 8:51 AM, User099 said:

Awesome....glad all worked out for you.

Thanks a lot!
As I am entering this week to US (31st January), lawyers have started working on my extension paperwork.

Need your feedback for one situation:
I am asking the lawyers to file it in Premium Processing because of below reasons:
- DMV will give me driver's license only till my visa validity date (from past experience with Michigan DMV)
- Have travel plans international, business trip possible to Europe & Asia.
- plan is to apply for wife EAD (H4).

As regular processing may take several weeks to months, having above scenarios maybe a challenge.

Question: Does filing in Premium Processing for extension, will it have any negative impact on the petition approval?
I am nervous to understand this, as I want to make sure we do it correct at this time.

Really thanks for your help!

[User099]

I don't think PP will have any impact on how the case is processed. Just the decision will be delivered faster.

H4 and h4 ead will not be processed in Premium processing only h1 will be. You still have to wait for 6 months for them to clear.

On 1/27/2020 at 3:21 AM, Singa17 said:

Thanks a lot!
As I am entering this week to US (31st January), lawyers have started working on my extension paperwork.

Need your feedback for one situation:
I am asking the lawyers to file it in Premium Processing because of below reasons:
- DMV will give me driver's license only till my visa validity date (from past experience with Michigan DMV)
- Have travel plans international, business trip possible to Europe & Asia.
- plan is to apply for wife EAD (H4).

As regular processing may take several weeks to months, having above scenarios maybe a challenge.

Question: Does filing in Premium Processing for extension, will it have any negative impact on the petition approval?
I am nervous to understand this, as I want to make sure we do it correct at this time.

Really thanks for your help!

 

[Singa17]

18 hours ago, User099 said:

I don't think PP will have any impact on how the case is processed. Just the decision will be delivered faster.

H4 and h4 ead will not be processed in Premium processing only h1 will be. You still have to wait for 6 months for them to clear.

 

Alright. Then I would suggest my attorney for Premium Processing.

Sure for EAD, I understand what you mean..

Thanks again! Will keep you posted on all final outcomes!

[User099]

Yw! Good luck. 

11 hours ago, Singa17 said:

Alright. Then I would suggest my attorney for Premium Processing.

Sure for EAD, I understand what you mean..

Thanks again! Will keep you posted on all final outcomes!