1-140 Approved , have valid H1-B (but USCIS gave more than eligible) ..Do I need to apply H1-B again?


fan_ravi

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Hello experts - Here is my situation.

 

1) I came US on L1-B and spent 4 1/2 (Including L1-B Extension) before moving to H1.

 

2) When I applied my H1-B, I was given 3 years ( I was actually eligible for 18 months ONLY considering my L1-B time) .

 

3) In the first 12 months of my H1-B, my labour and I-140 got approved.

 

4) Which means before I complete my ACTUAL eligible 6 years, my I-140 got approved.

 

5) Now my question is, though I have a valid H1-B now , (which I consider, USICIS by mistake gave) , do I need to apply again for H1-B extension , based on my I-140 Approval.

 

6) The easiest and risk free option would be , to apply a new one. But I am looking , if any one went through similar case , and did not apply for extension, considering the fact that  approval from USCIS is there (though it is by mistake or not , we have approved petetion).

 

7) Obviously my lawyer says it is better to apply and my employer says , no need to apply.

 

8) So I am looking for suggestions / experiences , who know /  went through similar cases / situation.

 

Thanks for all your help.

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Hello experts - Here is my situation.

 

1) I came US on L1-B and spent 4 1/2 (Including L1-B Extension) before moving to H1.

 

2) When I applied my H1-B, I was given 3 years ( I was actually eligible for 18 months ONLY considering my L1-B time) .

 

3) In the first 12 months of my H1-B, my labour and I-140 got approved.

 

4) Which means before I complete my ACTUAL eligible 6 years, my I-140 got approved.

 

5) Now my question is, though I have a valid H1-B now , (which I consider, USICIS by mistake gave) , do I need to apply again for H1-B extension , based on my I-140 Approval.

 

6) The easiest and risk free option would be , to apply a new one. But I am looking , if any one went through similar case , and did not apply for extension, considering the fact that  approval from USCIS is there (though it is by mistake or not , we have approved petetion).

 

7) Obviously my lawyer says it is better to apply and my employer says , no need to apply.

 

8) So I am looking for suggestions / experiences , who know /  went through similar cases / situation.

 

Thanks for all your help.

Listen to your attorney and not your employer.

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