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
1 Answer from Attorneys
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.