1 year H-1B extension with approved I-140

[prav18]

Hi,

I have been on H-1B for the last 8 years and I have an approved I-140 from a previous employer. I switched to a new employer recently but I was given only a 1 year extension. My understanding was that with an approved I-140, the extension would be for 3 years (as per AC21 portability)

Has there been a change in the USCIS policy?

Can someone please clarify ?

Thank you

[pontevecchio]

You were entitled to 3 years. But based on the documentation they received they approved it for one year. You can always have the employer file extensions.

[prav18]

Hi,

Thanks for your response

The LCA was approved for 3 years until 2016, so shouldn't the I-797 / I-94 expiration date coincide with that ?

Thank you

[pontevecchio]

Yes. It can be case specific. If you want raise the matter with the employer and the company Lawyer.