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H1B stamping with incorrect end date on I797 petition

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  • H1B stamping with incorrect end date on I797 petition

    Hi,
    My petition was wrongly approved beyond 6 years till March 2022. It was officially supposed to be only till march 2020.

    I am travelling to India in Nov 2019 and need to get my visa stamped. Will it be an issue?

    My attorney said that it should be fine and they will apply for an amendment to correct by dates after i am back from India

    Please advice.


  • #2
    Hi Friends,
    Please advice!

    Comment


    • #3
      Consulate determines visa validity on a case by case basis and it usually is upto 3 yrs.
      A visa only allows you to enter the US. CBP determines your stay (which they normally issue upto H1 paperwork).
      So, as your lawyer mentioned, you can file for an amendment once you return.
      Opinion only. Cannot be construed as legal advice.

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