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3 year approved H1B, then shortened by CBP

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Filed: Timeline

Hello everyone,

I wanted to share my case to see if someone has experienced the same.

I arrived to the country on TN status

I recently changed to H1B

H1B status approved, got I-797 (and I-94) with expiration date on 2014 (total period of 3 years)

I went out to Canada to get my updated visa stamp

It got approved but..

The visa stamp had a validity only of one year (till 2012)

Then when I got to the border, they removed the I-797 I-94 and replaced with new ones, valid only till 2012!!

So in other words, I had permission to stay in the country till 2014, now only till 2012!

Is this normal?

Is this why people usually will not leave the country, just due to risk of never coming back? or getting legal stay period shortened?

This was really frustrating for me since, I was relaxed because I had at least 3 years approved already, now I only have 1 year!

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Filed: K-1 Visa Country: Wales
Timeline

I could guess, but what does the Lawyer say?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Canada
Timeline

Good question, what does the lawyer say? Since you have an H1B I assume your company's lawyer had a significant role in getting your H1b visa. Speak to him/her. Maybe it is just a typo and an info pass apt. is necessary

Good luck

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Filed: Timeline

Thanks to all for your comments.

I talked to the company lawyer.

She said that the Visa Stamp was correctly set to 1 year duration only (I will have to renew yearly if decide to go outside US)

But that the CFO made a mistake on giving I-94 for one year only. It should have matched the period authorized from I-797.

So, we will submit a I-94 correction through a local USCBP site.

And that should fix the issue.

She also mentioned that it is not uncommon for the officials to make mistakes like this on I-94's, with duration or even visa type, she had a case where an H1B employee was admitted to the country under a B2 (Business) I-94 so, legally, the company was not able to pay him until he corrected his status.

Harsh77, I do not have a temporary contract with my company, I am a salaried employee just like any other US Citizen.

Thanks

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Thanks to all for your comments.

I talked to the company lawyer.

She said that the Visa Stamp was correctly set to 1 year duration only (I will have to renew yearly if decide to go outside US)

But that the CFO made a mistake on giving I-94 for one year only. It should have matched the period authorized from I-797.

So, we will submit a I-94 correction through a local USCBP site.

And that should fix the issue.

She also mentioned that it is not uncommon for the officials to make mistakes like this on I-94's, with duration or even visa type, she had a case where an H1B employee was admitted to the country under a B2 (Business) I-94 so, legally, the company was not able to pay him until he corrected his status.

Harsh77, I do not have a temporary contract with my company, I am a salaried employee just like any other US Citizen.

Thanks

Even the fulltime employees are getting 1 yr stamping and are required to apply for renwal at end of every year.

Lot of ppl working with me are only getting 1 yr stamp even when they are employed by a major Multinational as full-time employee.

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