H1B Extn Apprvl in 6th Yr - Beyond recapture days into 7th Yr

[bhgks1978]

Hi

If I file for an H1B Extn during the 6th year for the no. of recapture days(40 days) and if USCIS approves the Extn with few additional months/days beyond the recapture period, what will happen?. I have read in online forums about this possibility of USCIS approving the H1B Extn petition with few additional months/days beyond the recapture period(extending into 7th year without a approved PERM Labor/I140). what should I do if this occurs for me??. Could that additional months/days be construed as legal if I stay?? Or should I have to let USCIS know about this??

please share your thoughts

Thanks

Gopal

[Attorney_22]

Generally speaking, even USCIS can make errors in their processing and adjudication. The Department of Homeland Security’s opinion on the matter is that Beneficiaries of an immigration benefit, such as H1B, are responsible for ensuring their own legal status in the U.S. despite processing errors by the Service. Simply stated- do not rely on a government error. Therefore, it is important for you to track your own period of stay in the U.S. and act accordingly. If you have additional questions please contact a qualified U.S. immigration attorney directly. The Murthy Law Firm has a very well-regarded H1B Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.