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H1B Cap Exempt - USCIS approved time beyond 6 yrs

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  • H1B Cap Exempt - USCIS approved time beyond 6 yrs

    Hi,

    I had taken advise from this forum earlier on my case. However, I don't find my earlier thread.

    In brief, my employer filed a cap exempt H1 on which I had already spent around 56 months in US. I was told by my the immigration team of my org as well this forum that I am eligible for only 16 months (max 6 yrs - 56 months).

    However USCIS has now approved my cap exempt app for 3 years now.

    I would like to understand what I should do. Can I stay in US legally beyond 16 months, if I get I94 too for 3 years.
    Will this create any issue, if my company starts a GC process for me and I happen to be in US on this H1 after 16 months.

    Please advice.

  • #2
    It is still your responsibility to make sure that you don't stay beyond 6 years. If your employer was aware of this, why did they file for 3 years in the first place? Consult an experienced immigration attorney.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      It is still your responsibility to make sure that you don't stay beyond 6 years. If your employer was aware of this, why did they file for 3 years in the first place? Consult an experienced immigration attorney.
      Could you please suggest an experienced attorney in Bangalore or in India.

      I am not sure why the company filed for 3 years. However there is Sr Mgr in the immigration team who had said that I may get 6 yrs or 16 months, as it is the descrition of the officer who will handle the case. She herself has worked around 20 years in USCIS and also was once posted at US consulates in India and used to take visa interviews.

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