H1-B Granted for 3 vs. 1.75 Years

[confusedimmigrant88]

I recently got approved for an H1-B visa transfer from a STEM OPT status. I had previously worked on H1-B status in the US, then gone back to business school and graduated to work on STEM OPT and now just transferred back to take advantage of the remaining time I have left on H1-B. I was approved for a 3-year petition (even though I thought I only had 1.75 years left). I communicated that to my company's legal team who is now saying that we they will either have to let USCIC correct their own mistake or contact them to let them know. Is that really necessary? What would the risk be if they did not contact USCIS and I just kept the 3-year petition? Would I have 3-year work authorization status in the US?

[JoeF]

They will eventually find out and could even retroactively fix it. If you stay longer than the real time left you could end up being illegal for that overstay and subsequent petitions, e.g. for a GC, could also be affected.

[gopalakrishnach]

Is that really necessary? - Absolutely. Even it is USCIS mistake you need to let them know and get corrected.

If not there will lot of risk and USCIS will come back and will say you deliberately commited mistake eventhough you know it. It will hunt you. Follow legal advise.

[User099]

USCIS may not have realized it now, but they can correct it later. If you have 1.75 years left, then you should leave the country by then or have a I140 approved by then.

[G2_India]

You must seriously consider checking with an immigration lawyer. At the outset, one cannot take any benefit from an USCIS error. Very rare occassion your lawyer may be able to successfully argue in your favor when it comes to that point. Not sure of you are genuinely eligible for a three year petition. Best is to ask USCIS rectify the mistake if you are not eligible for the three year extension.