Legal Question in Immigration Law in South Carolina

Dear Sir

I am working for an IT company in India. The H1b Petetion (I-129) submitted by my Employer to USCIS mentions employment duration from Nov 2011 to Nov 2014.

I recieved I-797B with Validy from Dec 2011 to Dec 2012 and I went for Visa Stamping and my H1b visa also has same (I-797B) Validity till Dec 2012.

I was under impression that H1B visa duration is usually for 3 yrs.

1. When I reach US, the I-94 given to me will be carrying the same validity or it will carry the petetion date?

2. Am I eligible for H1b extension or I need to come back once my Visa Expires.

3. If I am eligible for extension, Can you please guide me on the process and what needs to be done i.e. do my employer needs to file a fresh petition or request for new I-797.

Thanks


Asked on 2/17/12, 12:29 pm

1 Answer from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

The I-94 will determine the length of the H-1B. One should apply for the PERM and have pending for at least a year to get extensions of the H-1B when the normal course has run.

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Answered on 2/19/12, 10:13 pm


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