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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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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