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H1B extension effective date before expiration of previous date

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  • H1B extension effective date before expiration of previous date

    My original visa was from Oct 2014 to Sep 2015. The H1B extension was initiated by the employer and got approved with effective date as Jul 2015 to Apr 2018. For some of my friends it has been approved with effective date as Oct 2015(immediately after the expiration of previous visa) to Sep 2018.

    1. Is it normal for USCIS to approve petition like mine i.e. validity of new visa starting before end of previous one?
    2. Does it put me in any kind of disadvantage as compared to having it been done from Oct 2015 instead of Jul 2015?
    3. I am assuming I would be completing only 3y5m(appx) and not 3y8m(appx) by Apr 2018?

    Your help on clarifying these is much appreciated.

    Thanks,
    Siva

  • #2
    1. Is it normal for USCIS to approve petition like mine i.e. validity of new visa starting before end of previous one?
    >>> It could be a mistake either on USCIS part or on your I-129 petition filed by the employer. It is possible the employer requested the the start date to be early by mistake. Get a copy of form I-129 and check there. If it is USCIS mistake, they will correct it for free.

    2. Does it put me in any kind of disadvantage as compared to having it been done from Oct 2015 instead of Jul 2015?
    >>> Not so much. You can recapture the 3 months when you file further extensions.

    3. I am assuming I would be completing only 3y5m(appx) and not 3y8m(appx) by Apr 2018?
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

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