H1b approved for only 3 months.

[krishna84]

Hello ,

I have applied my H1b in july 2011 with a big American staffing firm had a RFE early this yr submitted a response and my H1 was approved only for 3 months. After waiting for close to 10 months getting visa approved for 3 months is not at all good.

Can you please advice what I can do now I should go to India in coming months and with this I cant even get my visa stamped let alone go to India.

Krishna

[wiweq]

"Can you please advice what I can do now I should go to India in coming months and with this I cant even get my visa stamped let alone go to India."

=> I have seen H1bs approved for 1 year minimum. This is first time to me that H1b approved for just 3 months. Well, you cannot do anything much in this case. In USCIS's view you need only 3 months to complete your project/ work in USA. If you go to India before expiry of this 3 months validated I94 you shouldn't get any problem in visa stamping. You can get the visa even for 1 week stay in USA.

[JoeF]

They nowadays often only approve H1s for the duration of the client project.

I suggest finding a job not with a consulting company.

[Attorney_22]

Generally, H1B sponsors are required to provide evidence the specialty occupation will exist for the entire duration requested. A common problem with H1B petitions filed by staffing/consulting firms is the short duration of the contracts the H1B Beneficiary is assigned to. Thus, the employer may have difficulty providing evidence the specialty occupation will exist after the client contract has expired. Therefore, if there is a new contact or the contact has been extended since the initial filing of your H1B petition in July 2011, it may be best to file a new H1B extension petition pursuant to premium processing utilizing this new documentation. It is also advisable to speak directly with a qualified U.S. immigration attorney prior to proceeding. 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.

[krishna84]

Thank you for the replies guys.. I have one more mishap which happened in my case .The company LCA filed for this client had a validity through august and my H1 has been applied with that LCA so I am suspecting that's the reason the visa validity period has been limited/given till August. But the client letter did say the project is approved till august with possibility of an extension.so we don't know for sure whether it is the client letter or the LCA which caused USCIS to stamp visa till august.My client works in a way that they have budget approvals every quarter so they cannot really provide me with a letter saying this assignment is approved till 2 or 3 yrs but the assignment will be ongoing at least in my case.

Replies appreciated.

Thanks,

Krishna

[luckgame]

Hi I got only 2 months of validity for my H1-B new petition. My employer filed petition for H1-B 2015 and this is my case. Not sure why USCIS wanted to give such a short duration. 

[rahul412]

Hi I got only 2 months of validity for my H1-B new petition. My employer filed petition for H1-B 2015 and this is my case. Not sure why USCIS wanted to give such a short duration. 

Did your employer contacted USCIS for verification??

[JoeF]

Hi I got only 2 months of validity for my H1-B new petition. My employer filed petition for H1-B 2015 and this is my case. Not sure why USCIS wanted to give such a short duration. 

 

See the answers above. The contract probably has a limit, and the H1 only got approved up to that limit.