Is my H1B status is shortened due to delayed approval of a previous extension?

#1

Question on whether my H1B status is shortened due to delayed approval of a previous extension:

A) March-2019: Filed a 3 month recapture extension for March 2019 to June-2019 ; went to RFE

B) May 2019 : Received approved I-140. Filed 3 year H1B extension from Jun-2019 to Jun 2022. Traveled to home country (India) and got visa stamped.

C) Nov 2019 : Received approval on the previous 3 month petition which was in RFE (i.e. March 2019 to June-2019)

I-94 says valid until Jun-2022

Question: Does this latest approval of the 3 month extension mean that my H1B validity has been shortened ? OR is my H1B still valid till June-2022 ?

#2

You have not clearly mentioned as to what term was requested in your first H1B extension.

If the i94 has been issued till June 2022, it means that you requested full 3 year term instead of 3 months.

Is there anything wrong in your question?

#3

Hi Anil,
Your question - what term was requested in the first H1B extension?

In order of date of filing, the first petition filed was -

A) In March-2019: Filed a 3 month extension to recapture time outside US, extending H1B from March 2019 to June-2019 ;
This went to RFE

B) In May 2019 : I received my approved I-140. We filed a 3 year H1B extension from Jun-2019 to Jun 2022. Traveled to home country (India) and got visa stamped.

C) In Nov 2019 : Received approval on the previous 3 month petition which was in RFE (i.e. March 2019 to June-2019)

I-94 from gov website says valid until Jun-2022

My Question: Does this latest approval of the 3 month extension mean that my H1B validity has been shortened ? OR is my H1B still valid till June-2022 ?

Does this help? Does my question still seem wrong?

#4

What happened to your 3 year extension you filed in May 2019? Is it still pending or approved? if it is approved, when was it approved?

What is the validity of H1B visa stamp?

#5

The 3 year extension filed in May 2019 (after receiving approved I-140) was approved in May 2019 for the period from Jun-2019 to Jun 2022.
I’ve even traveled to home country (India) and got visa stamped on my passport.
The Visa stamp says Jun-2022

In November 2019, we received the approval of the older 3 month extension (Mar 2019 to Jul 2019) that was filed in March 2019 and had gone in RFE.

#6

Did you get a new i94 attached to the 3 month extension approval? Check i797 and i94 should be attached to it.

If that i94 has a shorter date, then you may need to take action as that’s the last action taken by USCIS.

#8

Yes, the I-797 Approval notice of the 3 month extension has an I-94. It is valid from Mar-2019 to Jul-2019. i.e. shorter date.

However, the I-94 on the government website still says Jun-2022 (per my 3 year extension)

So does this mean
Qn 1: that Jul-2019 (end date of my 3 month extension) becomes the final date and I now have to file an extension?
Qn 2 : Will this impact my ability to travel out of US until I file an extension?

Thanks

#9

The i94 online shows the one that was issued to you when you entered US.

The last action taken by USCIS has generated a new shorter i94 for you. You should have either filed an extension or traveled out of US again to get a new i94.

Talk to your attorney on how to handle this situation.

#10

Got it. Thank you very much