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H1B approved only for 1 year

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  • H1B approved only for 1 year

    Hello,
    I have done Masters graduated in Dec 2008. Used all my OPT,OPTX and cap gap extension also. My company filed for my H1 in April 29 2011 got approval for only 1 year. The H1b petition is only valid for 1 year from 10/01/11 to 09/30/12. I am not sure if my employer filed for only 1 year or I got approved for only an year. Please help if this is common or a rare case and what should be my next step. My project now got extended for one more year till 03/14/13. I am planning to go to India in Dec first week and what are my chances for H1 visa stamping as my client letter will expire on 03/14/2013 and I directly work under client manager? I believe will get a 1 year more extension for my H1 visa till 09/30/2013.

    Please help

  • #2
    H1B will not be blindly approved for 3 year. It will be approved only for the work duration shown by your employer. You will have to file the H1B extension again before your current I-94 expires. Extension can be filed 6 months prior to the I-94 expiry date. You can apply for the visa based on the extended petition. Visa will be issued only till the petition expiry date.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thank you for your reply. So I believe my employer filed for only 1 year then. My other concern will it be an issue if I my client letter is valid only till 03/14/2013 and H1b is approved till 09/30/2013 when I go for the visa interview in 12/01/2012. I work directly under my Client manager.
      Last edited by srikanth444s; 02-22-2012, 10:16 PM.

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      • #4
        When you are in H1B, you cannot work directly for the client manager. Your work should be allocated and monitored by someone from your employer. There are visa rejections because of lack of employer-employee relationship. Search and read the posts that discuss this issue in detail. That being said, if you get a letter and related documents from your employer to prove that they have work even after the existing project (with the current client), then there will no be any issues due to this during your visa interview.

        Originally posted by srikanth444s View Post
        Thank you for your reply. So I believe my employer filed for only 1 year then. My other concern will it be an issue if I my client letter is valid only till 03/14/2013 and H1b is approved till 09/30/2013 when I go for the visa interview in 12/01/2012. I work directly under my Client manager.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Sure. I will review employee-employer related forms. I work at client location and send time sheets to my employer. Ther is an account manager at my Employers office who takes care of all H1 and time sheet issues. Thank You very much for your replies.

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