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  • H1B extension after I-140 approval

    Hello,

    I have completed 5 years in USA and my I-140 is approved. If I go India for stamping, will I get 1 year extension or 3 years of extension?

    Thanks,

  • #2
    Originally posted by gauravbe View Post
    Hello,

    I have completed 5 years in USA and my I-140 is approved. If I go India for stamping, will I get 1 year extension or 3 years of extension?

    Thanks,
    It will depend on the I797.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      It will depend on the I797.

      This is my opinion not legal advice.
      Thanks for the reply.

      Here is the details:

      My I-797 will expire after 4.8 years
      My I-140 approved after 4.5 years

      Now, If I go for stamping, how many years of visa I will get? Will I get 3 years based on I-140 approval or remaining 1.2 years?

      Thanks,

      Comment


      • #4
        Originally posted by gauravbe View Post
        Thanks for the reply.

        Here is the details:

        My I-797 will expire after 4.8 years
        My I-140 approved after 4.5 years

        Now, If I go for stamping, how many years of visa I will get? Will I get 3 years based on I-140 approval or remaining 1.2 years?

        Thanks,
        Can you post the validity dates of the I797?

        Comment


        • #5
          Originally posted by raghvi View Post
          Can you post the validity dates of the I797?
          Raghvi,

          1st I-797 was valid till Sept'15. After the extension, got new I-797, valid till June'2017.

          In Junu'2017, I will complete my 5 years.

          Comment


          • #6
            Originally posted by gauravbe View Post
            Raghvi,

            1st I-797 was valid till Sept'15. After the extension, got new I-797, valid till June'2017.

            In Junu'2017, I will complete my 5 years.
            In that case you will get visa till June 2017.

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by raghvi View Post
              In that case you will get visa till June 2017.

              This is my opinion not legal advice.
              Hello Ragavi,

              If After June 2017, If I apply for an extension, will I get extension for remaining 1 year (for my 6 years period) or will I get 3 years of extension (based on I-140 approval)

              Thanks,

              Comment


              • #8
                Originally posted by gauravbe View Post
                Hello Ragavi,

                If After June 2017, If I apply for an extension, will I get extension for remaining 1 year (for my 6 years period) or will I get 3 years of extension (based on I-140 approval)

                Thanks,
                It will depend upon what the employer requests in the future I129. Remember, merely having an approved I140 does not default the H1 extension requests to 3 Years. 3 years is the max allowed, the employer has to show work for you (with supporting MSA/SOW/Client letters) for 3 Years to get extension of upto 3 Years.

                This is my opinion not legal advice.

                Comment


                • #9
                  Originally posted by raghvi View Post
                  It will depend upon what the employer requests in the future I129. Remember, merely having an approved I140 does not default the H1 extension requests to 3 Years. 3 years is the max allowed, the employer has to show work for you (with supporting MSA/SOW/Client letters) for 3 Years to get extension of upto 3 Years.

                  This is my opinion not legal advice.
                  Thanks Raghvi,

                  Appreciate your help!

                  Thanks,

                  Comment

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