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will new I-94 date will be less than the current I-94 ??

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  • will new I-94 date will be less than the current I-94 ??

    I have some weird question to ask.

    If my H1B got approved for 3 years and it got stamped too ( example Until : Feb' 2015), If I am inside US and changing the employer will the new I-797 will be approved again for the Feb'2015 or something like 1 year or some like that, Because people applying for extension nowadays getting 1 year validity from the time applying .

    Even make it clear whether new I-94 (attached in I797 ) will have a date less than the current I-94 in my passport ?

  • #2
    It is possible to get a new I-94 for a duration less than what you have now. The employers usually request the extension for a duration of 3 years. But in order to get all 3 years (or whatever time that is left in your 6 year H1B CAP), the employer should show work for the duration requested in form I-129 by providing proper documentation. Otherwise, USCIS is not going to blindly approve the extension for the period requested by the employer.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks shervin. When you say the Proper Documentation what do you really mean ??

      Do you mean to say a client letter saying that the project will last for 3 years is that all enough ?

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      • #4
        If your company is a consulting company, then a client letter stating that the project will go for 3 years and a SOW between the client and the employer stating that same is required. If you work for a non-consulting company on a in-house project, then the company should provide details about the work that you will be performing for the duration requested in the petition. Detailed description of the project including the number fo people who will be working, nature of the project and who will benefit out of it etc will ned to be documents and submitted to USCIS.

        Originally posted by kchokkal View Post
        Thanks shervin. When you say the Proper Documentation what do you really mean ??

        Do you mean to say a client letter saying that the project will last for 3 years is that all enough ?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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