H1B issued for one year

[kattu786]

Hi Sherwin,

Recently I applied for an H1B transfer from Company A to Company B.The transfer got approved but with an RFE.The petition got approved just for one year only.....

When I asked the attorney she told that they requested for 3 years but there is a recent trend that for RFE cases USCIS is granting the petition for one year only....Is this possible or there is a trend like this.

My understanding was that CIS will issue the visa for the number of years petitioner asks for.

[kabkaba]

They will approve the petition only for the duration they think the job is available. In consulting jobs, if the client contract/position is valid for less than 3 years, they can approve for less than 3 years. I have even seen cases where petition was approved for 3 months.

[kattu786]

They will approve the petition only for the duration they think the job is available. In consulting jobs, if the client contract/position is valid for less than 3 years, they can approve for less than 3 years. I have even seen cases where petition was approved for 3 months.

Kabkaba...Thanks for the answer...For me it is not the case of a typical consulting job...

It is a FT position with the company and they will place at some client location....

Do you think that what the lawyer is saying can be true..(for RFE cases CIS grants for one year only )?

[shervin143]

All petitioners will ask for 3 years. USCIS no longer blindly approves the petition for 3 years. There are plenty of cases where there are no RFEs but the petition still got approved for lesser duration. So RFE has nothing to do with the validity of the petition. USCIS these days are approving the petition only based on the project itinerary provided by the employer. If the employer cannot show documents that they have work for you for 3 years (especially in consulting jobs, where you won't get a 3 year solid client letter), then petition will get approved for a shorter duration. Number of layers doesn't really matter.

[kabkaba]

It is a FT position with the company and they will place at some client location....

If working at client location is your only job responsibility and the employer could only prove that they can do so for 1 year, USCIS approves petition for 1 year. If your employer has other responsibilities for you in their own office and evidence that they have a product or service that you will be working for which will last 3 years, they will get 3 years duration. It all depends on for what duration work is legitimately available.

[kattu786]

If working at client location is your only job responsibility and the employer could only prove that they can do so for 1 year, USCIS approves petition for 1 year. If your employer has other responsibilities for you in their own office and evidence that they have a product or service that you will be working for which will last 3 years, they will get 3 years duration. It all depends on for what duration work is legitimately available.

I saw the LCA and I129 and it shows that the petition was asked for 3 years but somehow it was not granted.

Is there anything that can be done now or I have to wait near expiry and file the extension.

[kabkaba]

It is not 'somehow', the reason has been adequately explained in all the above replies.

Your employer can file an extension up to 6 months before the current petition expires. If the employer or their lawyers feel 3 years is justified, they can appeal the decision. This should be done with lawyer's advice.