H1 Transfer & I-94 Date

[skrwriteme]

Hi all,

I came to US on L1 in 2004 May through Company A and had a COS to H1B effective October 2007. My H1B was valid till 2010 May (6 years period from 2004 May). Me and my dependents went to India in 2008 may and we had the stamping done. The visa is stamped till 2010 May and when we landed in USA, I-94 was given till 2010 May.

Now in August 2008 i transferred my H1B to Company B and got my approval notice. The approval notice and the new I-94 says it's valid till 2011 August. I thought the continuous stay is valid for 6 years (until you have one year break) but how come the new approval is valid till 2011 August

Thanks for the time to read guys and please throw some light ....

[C4us]

It is a mistake. Do NOT take advantage of it to stay past 6 years.

[txh1b]

Erroneous approvals by USCIS cannot be used. Your lawyer should bring it to their attention as USCIS has the right to correct it later on and deport you classifying you as illegal.

[skrwriteme]

thanx guys..

will let my employer know this so that they can take it to the attorney to correct this..so, i guess the attorney will file an amendment to correct this..is my understanding correct?

[skrwriteme]

I checked with my employer and they checked with the attorney..and the attorney said "we will just treat the correct date as our date for docketing purposes and proceed accordingly"

so, is the corrected approval not required ???

[C4us]

The attorney has it under control. Just remember as the deadline approaches. If you leave the country, you will likely get a correct I-94 when you return

[txh1b]

The attorney is right.

[txh1b]

, you will likely get a correct I-94 when you return

Not really. The I797 was itself a mistaken date. The user and the attorney have to apply for an extension based on a pending labor or approved I140 when the actual 6 year term nears it's completion.

[skrwriteme]

thanx a bunch guys! really appreciated