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error on validity date on H1B approval notice

asked Jan 5 in H1B: Extensions by anonymous
I have a pending I-140, I filed an appeal extension for H1B off of the I-140.  I received the approval notice today but there was an error on the validity date: 6/13/2017 to 7/21/2017 instead of 7/21/2018.  I have planned of leaving US for a vacation outside of the country in February or March.  My lawyer has notified USCIS of the mistake.  How long does it take for USCIS to rectify this kind of mistake? Is there a need for an appeal in this kind of issue.  Please enlighten me. Thank you.

1 Answer

0 votes
answered Jan 7 by dan (23,616 points)

It is possible that USCIS has approved the H1B for only one month based on documentation and/or project. This H1B petition may have been filed several months ago (Under Normal processing) and when it was approved, it was approved only until 07/21/2017. What is your basis to claim that it is an error, if it was not a service error, you may be out-of-status since 07/21/2017. 

Your Employer or Attorney must contact USCIS immediately to get the actual approval dates vs service error. 

Example: H1B Was applied on 01/05/2017 and was approved on 06/13/2017, USCIS may put a start date of 6/13/2017 although you may be legally eligible to work from 01/05/2017 under H1B portability regulations.

commented Jan 7 by joey0313 (150 points)
Thanks for answering to my query, Dan. The extension of H1B application was filed on June 1, 2017.  The validity indicated on the approval notice was June 13, 2017-July 21, 2017 (which I received last January 3),  this is the basis I could say that it was a service error.
commented Jan 7 by dan (23,616 points)
There is a possibility that the case was approved on January 03, 2018 but with validity dates as listed. We have seen H1Bs approved but already expired when approved. Since you just received this notice, consider applying for an H1B Extension. Also, open a service ticket (Employer or Attorney only) to find out the actual approval dates. If it's an error, you should be okay or I am afraid you are out-of-status since July 2017.

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