IMP: h1b extension approved more than 6 years, no PERM or i 140 approved or filed

[savemeplz]

HI all this is for one of my friend...

The situation is very unique, my 6 year h1b is finishing this oct 2020 but when my company A filed for h1b transfer last year where i am working right now i got the i 797 approved for 3 more years i.e till Jan 2022. the problem is my PERM has been filed recently by current Company A and I do not have previously approved PERM or I 140. so I have below two questions.

1) Shall I keep quiet, since I have approved h1b till Jan 2022, which is beyond 6 years of h1b, can I use that even though I do not have an active approved PERM / I 140

2) Do i have to inform my company A lawyers about my situation or it will create unneccasary chaos that will cause break in my work.

did anyone face similar situation ? how did you deal and get through this dilemma ?

Edited April 22, 2020 by savemeplz
small changes made

[Attorney_15]

In such a situation as described, the time granted by USCIS is an error and USCIS will treat the time in the USA as out of status. While not taking advantage of the USCIS error may interrupt work, one should generally explore other options to maintain status because USCIS will generally hold the beneficiary at fault for not taking steps to limit use of the H1B to the period for which one is actually qualifies.

[gopalakrishnach]

It looks it is fault of USCIS but your friend must not take granted. Infact I am surprised your A and attorney's did not notice this. Your friend must surely talk with his employer for guidance and must make all other arrangements so that this will not effect his/her future after I140 is approved.

[savemeplz]

But isn't that employers/lawyers responsibility....because how would h1b holders be held responsible for all these paper work..

[gopalakrishnach]

Its responsibility of all. First of all do not you think your friends knows best about himself and he deliberately did not bring this to employer notice. Everyone has a role in it.

At the end USCIS might say its their mistake and maynot show PITY.

Edited April 23, 2020 by gopalakrishnach

[jsk423]

Printing mistake or not ...it is not your problem.

I see no issue whatsoever if your friend stays in us as his/her h1b is approved until 2022.