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?
My interaction with Rajiv dates back to March 1999. I was in a very difficult situation, had to change employer in the first one month of my entry into US. I was not on the payroll, as a result I did not have paystubs. Rajiv helped with a 60 day rule, filed my H1 B petition within first 60 days of my entry in US, at an unbelievable pace. The best part, Rajiv’s unique insight and understanding of the law and applying to specific immigration situation., I am a US citizen and living the American dream as a first generation American of Indian origin. Last seven years I have been running a company. When I look back in time, the best thing I did was to seek the right professional help. For any immigration needs the only name that comes to my mind is the law offices of Rajiv, S Khanna. Ganesh Venkatraman