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Raja_1

H1B extension Validity with withdrawn I-140

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Hi,

I came to USA on June, 2015 and my 6-year max is at 06/2021.

I had my I-140 approved with my previous employer filed on 11/06/2019. I moved to a different company on a full-time role in 12/25/2019. My new employer filed for H1B extension (using the already approved I-140 from my previous employer) and I got it until 10/01/2022 (I-797 and I-94).

My previous employer submitted a withdraw of I-140 on 02/02/2020 and it was approved and USCIS withdrawn my I-140.

My question is, does my stay max out at 06/2021(because the underlying I-140 used for getting the extension was withdrawn)  or can I stay until the date shown on I-797. 

Thanks much for the help.

 

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Your Max out date will still be 6/2021 unless you have a i140 from the new employer by then. Even if you have a I797 till 2022, I don't think its a good idea to stay if you dont have an i140 to back it up. 

You should consult an attorney.

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