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Fresh H1B petiton approved with 1 year validity

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  • Fresh H1B petiton approved with 1 year validity

    Hi ,

    My fresh H1B petition was approved, however with 1 year validity.
    Please advise if this is normal & if filing a amandement to change the validity to 3 years is advisable.

  • #2
    Validity is based on client contract/work order if you are a contract employee.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      The work relationship is Employer-Client & the client contract is valid for 4 years .
      The approved LCA is also of 3 years validity & the I129 petition also has employment period of 3 years mentioned in it.
      Therefore please advise if filing a amendment to approved petition is feasible & how much time will it take for getting a decision on amendment.

      Also if amendment is not feasible option, then travelling on current petition & filing extension in US will be a better option.
      The reason for being apprehensive for opting for second option is the spate of extension rejections being reported by many applicants.
      Also extensions will be hard to come by ,considering the new guidelines in the USCIS memo dtd 01/08/2010 for tighter screening of application for employer-employee relationship , specially for third party site placements .
      Since I am in a top global 4 consulting company , the outlook does not look bright for onsite consulting model any longer.
      All advise will be highly appreciated.

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