H1B extension after I-140 approval

[gauravbe]

Hello,

I have completed 5 years in USA and my I-140 is approved. If I go India for stamping, will I get 1 year extension or 3 years of extension?

Thanks,

[raghvi]

Hello,

I have completed 5 years in USA and my I-140 is approved. If I go India for stamping, will I get 1 year extension or 3 years of extension?

Thanks,

It will depend on the I797.

This is my opinion not legal advice.

[gauravbe]

It will depend on the I797.

This is my opinion not legal advice.

Thanks for the reply.

Here is the details:

My I-797 will expire after 4.8 years
My I-140 approved after 4.5 years

Now, If I go for stamping, how many years of visa I will get? Will I get 3 years based on I-140 approval or remaining 1.2 years?

Thanks,

[raghvi]

Thanks for the reply.

Here is the details:

My I-797 will expire after 4.8 years
My I-140 approved after 4.5 years

Now, If I go for stamping, how many years of visa I will get? Will I get 3 years based on I-140 approval or remaining 1.2 years?

Thanks,

Can you post the validity dates of the I797?

[gauravbe]

Can you post the validity dates of the I797?

Raghvi,

1st I-797 was valid till Sept'15. After the extension, got new I-797, valid till June'2017.

In Junu'2017, I will complete my 5 years.

[raghvi]

Raghvi,

1st I-797 was valid till Sept'15. After the extension, got new I-797, valid till June'2017.

In Junu'2017, I will complete my 5 years.

In that case you will get visa till June 2017.

This is my opinion not legal advice.

[gauravbe]

In that case you will get visa till June 2017.

This is my opinion not legal advice.

Hello Ragavi,

If After June 2017, If I apply for an extension, will I get extension for remaining 1 year (for my 6 years period) or will I get 3 years of extension (based on I-140 approval)

Thanks,

[raghvi]

Hello Ragavi,

If After June 2017, If I apply for an extension, will I get extension for remaining 1 year (for my 6 years period) or will I get 3 years of extension (based on I-140 approval)

Thanks,

It will depend upon what the employer requests in the future I129. Remember, merely having an approved I140 does not default the H1 extension requests to 3 Years. 3 years is the max allowed, the employer has to show work for you (with supporting MSA/SOW/Client letters) for 3 Years to get extension of upto 3 Years.

This is my opinion not legal advice.

[gauravbe]

It will depend upon what the employer requests in the future I129. Remember, merely having an approved I140 does not default the H1 extension requests to 3 Years. 3 years is the max allowed, the employer has to show work for you (with supporting MSA/SOW/Client letters) for 3 Years to get extension of upto 3 Years.

This is my opinion not legal advice.

Thanks Raghvi,

Appreciate your help!

Thanks,