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?
I hired the services of Mr. Rajiv Khanna's law firm after a so-called big shot immigration attorney here in Dallas proved to me that his incompetence & sheer lack of knowledge came at an exorbitant price. Being a perfectionist by nature, I decided not to go in to the H1 process with that conman and chose to go with Mr Khanna's law firm instead after thorough research. Can easily say that it was one of those decisions for which u pat yourself on the back. The sheer promptness, professionalism and clockwork precision exhibited by Anna Baker, Rena Waddell & Charu Bhagat was exemplary. At the same time, they were very patient with my constant complex queries. I never felt a lack of warmth in my interaction with them, which is pretty uncommon otherwise, especially when it comes to law firms. The processing & paperwork was super-quick and the ball was always rolling. It was hardly any time after my case was filed that I got a call one morning informing me of my approval. And to think that I have never even seen or met any of these wonderful people. One word to describe these guys. Brilliant.