Question details
Error in last H-1B extension- now I-140 approved and I have been working on H-1B since 2005. In between, I changed to -F1 and also spent time outside USA. Cumulatively, I would have completed six years of working on H-1B by March 30 2015, after excluding stays in USA on non-H-1B status and stays out of USA.I changed my job in Feb 2014 and have been working with this employer since then. At the time of change, the current employer filed for a H-1B petition and requested an extension for three years – from Jan-2014 until Jan 2017, even though, if I added up all the time of work on H-1B visa in USA, I would have completed six years by March 30 2015.
My I-140 has been approved this month. Now I do not know whether my employer should file for an extension of H-1B (assuming that without the I-140 approval, I was allowed to work until I completed six years of H-1B in USA) or not file for H-1B extension, because, the last extension is valid until Jan 2017.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=3YV-qIlAEpI#t=1831
FAQ Transcript
What happens is sometimes, USCIS by mistake gives you more time than you are entitled soon for your H-1. Let's say your 6 years is getting over in one year and they give you 2 or 3 years by mistake.
Can you use that time?
First of all I just want to thank you to Rajiv, Vijay and everyone else in the office that has been with me throughout the journey. They have been very professional, efficient and reliable. Rajiv has been so quick in replying emails to me every time I have any questions and I really appreciate it. Sometimes unexpected situations came up and the way Rajiv addressed and handled such issues made me feel extremely grateful that he was there. His calm spirit and the way he talks just make me feel like there are no existing problems, just situations, which can always be fixed. I remember when I asked my sister why she chose this law firm (she introduced Rajiv’s law firm to me), she said that when she first met with Rajiv, he just gave her this vibe that everything will be alright and that he seemed really kind (and he is), compared to other lawyers that she has met before.
I also would like to thank you Vijay from the bottom of my heart because Vijay has been extremely patient and nice to me. I have been working with Vijay since the beginning of my application and he has always been there for me whenever I need. Even though I bugged him a million times via phones/emails, he is still very patient and kind to me and helps guiding me with all the GC paperwork. So thank you Vijay for your complete support during this journey.
My timeline for the EB3 Green Card is as followed:
Jan 24 - Filing I-140 & I-485 concurrently (I-140 is premium processing)
Jan 26 – Application received
Feb 7 – I-140 approval notice
Feb 19 - Fingerprint notice
Feb 28 – Fingerprint Appointment
Mar 28 – EAD/AP card approved
April 20 – Interview notice
May 21 – Interview day
May 24 – Case was approved
Again, thank you so much to Rajiv, Vijay and everyone who has been handling my case from the start to finish. You guys are the best and I would highly recommend Rajiv and his team without any hesitation in regards to any immigration cases.