H1B Non cap Petition approved back dated

Hi Anil,
Hope you are doing good.
My H1B Non cap new petition was filed from India in June 2019 and I have received the approval in June 2020, almost after one year. The petition is approved backdated from June 2019 to Jan 2021. While filing the petition in 2019, my employer had given the dates from June 2019 to Jan 2021, hence the USCIS have approved my petition for the same date. I was in India for the whole 2019 and as of date in 2020. I still have only 6 months left over for the expiry. If the H1B visa ban is for next 6 months, then there will be no hope on my current approval date until Jan 2021. Please help me on the below clarification.

  1. Since, I was not physically present in US for the entire year in 2019 and as of date in 2020, can my employer submit a service request with USCIS to change the approval date to be current from June 2020 to next 1.5 years?. I work for a product and no SOW/Client letter is involved in my petition filing.
  2. I have informed this to my employer and waiting to hear back from them. If my employer files the service request, what would be success rate of getting the approval dates to be current for next 1.5 years.
    Appreciate your response!

Thank you!

Hi @Ram001

Unfortunately, the service request cannot change the H1B approval dates.

The only option is to file H1B extension to request new 3 year period from Feb 2021 onwards.

You will not be able to get H1B visa stamp till the ban is active.

Thank you Anil!
I have waited for more than 1 year to get the approval in normal mode from India. It is a hard feeling that even after getting H1b petition approval, I cannot travel due to H1 Restriction. Hope to get better luck next time.