question regarding I-797

[royw2503]

i understand that h1b visa is valid for 6 years, with 2 petitions valid for 3 years each... i just a some clarification on my case:

1. my first I-797 was valid from 10/01/2007 to 03/28/2010

2. I moved to another job a few months later, where the petition was transferred to my current company. The 2nd I-797 is valid from 04/03/2008 to 03/31/2011

i am in the process of moving to another job (pending a job offer next week). I am wondering if the 2nd I-797 is considered the 2nd petition? Also, if the start date of the first I-797 is 10/01/2007, wouldn't that mean that my h1b is valid until 09/30/2013 (6 years)? Thanks for the help!

[sk4ih]

Yes, you could work for six years in total, applying for extension after each H1 expiry date.

[bhayzone]

No. currently your H1B status is valid until 03/31/2011 only.

When your H1B transfer gets approved, you will get a new I-797 which defines the validity of your status. It will also have a new I-94 with a new end date.

Having 2 797's does not mean 3 years each. For various reasons, it is possible that your 3rd 797 will be valid for only 1 year. Don't worry about that now, most probably your new 797 will be valid until 2013, unless your passport is expiring or your case is slightly different that it prompts USCIS to issue a 797 with a earlier expiry.

[royw2503]

No. currently your H1B status is valid until 03/31/2011 only.

When your H1B transfer gets approved, you will get a new I-797 which defines the validity of your status. It will also have a new I-94 with a new end date.

Having 2 797's does not mean 3 years each. For various reasons, it is possible that your 3rd 797 will be valid for only 1 year. Don't worry about that now, most probably your new 797 will be valid until 2013, unless your passport is expiring or your case is slightly different that it prompts USCIS to issue a 797 with a earlier expiry.

interesting. so, when i transfer to the new company, my I-797 may be valid until 2011 or 2013? If it is valid until 2011, i would have to apply for an extension for my remaining 2 years then? That is so redundant imo

thanks for the help guys