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 would like to thank the team of Mr. Khanna. He has been of great help. Initially they filed my case for H1B and got approved with no problem and now I am applying through Mr. Khanna and Mr. Mathew for EB2 GC. My case is very complicated so Khanna ji gave two consutations without any charge and spoke about all the details. My employer offered me her attorney but still I have so much of confidence in Mr. Khanna that I am filling through him. I am sure despite my case being so different, he will leave no stones unturned to represent my case in the best manner. I will update as we will progress. Once again Mr. Khanna thanks for being so cooperative and visionary.