Incorrect visa date, need to travel to India

[dubevipi]

Hi,

My current H1-B Visa, I-94 & I-797 are valid till June 2013. But recently I learn that this date is incorrect, and based on my first date of entry my 6 years are completing on 15 Sept 2012. And based on my understanding I cannot stay beyond this date (15 Sept 2012).

I have some travel plans to India sometime during June 2012 for 3 weeks.

Can I travel on my current stamped visa (stamped till June 2013)? Or do I need to file for an amendment first & then get it stamped with correct dates before reentering to USA?

Any advice will be highly appreciated.

Thanks

[rs_1973]

How did 'learn' that this date is incorrect?

After all, you are the one that should have provided this information to the attorney that filed the H-1B papers on your behalf... Did you capture time that you were outside the US in these last six years? Look at the copy of the form I-129 provided to you from the attorneys and figure out what the duration requested was.

[dubevipi]

There was a mistake in date calculation while applying for the I-129, and due to which attorney requested for a longer period (than the actual period of 6 years), and eventually requested time period was approved by USCIS. We found this mistake while we were doing date calculation for applying PERM.

Even if I count all the time I spent outside of US, it doesn't go beyond November 2012.

As per my knowledge, as far as I travel within the actual validity period (Prior to Sept 2012) of my H1 status, it should not cause any problem. Is that correct?

Thanks

[rs_1973]

I don't understand how a mistake of 7 months was made. But, it has been made, so the best alternative for you is to travel within the six year period and request your company / attorney to file an amendment - at least let USCIS know that you made a mistake and you are asking for it to be corrected. This could avoid heartburn down the road....