Validity of I-797 approval notice beyond 6 year H1B limit


charleskorey

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Hi,

 

My recent I-797 approval notice is valid until Sept 2016 but my H1B started in Oct 2009 which makes H1B 6 year term validity until 2015 end. It is like 1 more year past 6 year term. Please note that the attorney did not know my unused time on H1B outside US and even if you include it, it will not be more than 3 months. Besides, I have not even filed PERM so how is this possible? Will this create issues going forward for GC application or job change? Should I bring this to USCIS's attention and get the validity date changed?

 

 

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Hi,

 

My recent I-797 approval notice is valid until Sept 2016 but my H1B started in Oct 2009 which makes H1B 6 year term validity until 2015 end. It is like 1 more year past 6 year term. Please note that the attorney did not know my unused time on H1B outside US and even if you include it, it will not be more than 3 months. Besides, I have not even filed PERM so how is this possible? Will this create issues going forward for GC application or job change? Should I bring this to USCIS's attention and get the validity date changed?

USCIS approves it in error. You will have to leave US when your 6 year time on H1B is over.

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