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H-1B extension stamping duration reduced

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Hello,

I had my first H-1B extension approved (I-797A) until September 1, 2018. However, after stamping I see that it has been reduced by 2 months to July 1, 2018. My I-140 is approved.

My question is - Will my employer still be able to petition for a new H-1B stamp before July 1, 2018 or I will have to stay out of the country from July 1, 2018 until September 1, 2018?

I am still abroad and haven't got my I-94. Is there a way to have the PoE officer increase the duration to September 1, 2018?

Also, out of curiosity does anyone know why the duration gets reduced? I work full time with an American employer and the last time my visa got stamped I got the full duration approval stamped.

Please advise.

Thanks.

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When does your passport expire? That may be the reason.


03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

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Is this a 3-year extension? Did you arrive prior to your initial start date? As far as your question goes: your employer is petitioning for H1B but not for the visa stamping. Whether they can extend it or not has nothing to do with your current visa stamp's expiration date. Generally speaking if you have an approved I-140 then you should be good for extensions indefinitely.


03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

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Is this a 3-year extension? Did you arrive prior to your initial start date? As far as your question goes: your employer is petitioning for H1B but not for the visa stamping. Whether they can extend it or not has nothing to do with your current visa stamp's expiration date. Generally speaking if you have an approved I-140 then you should be good for extensions indefinitely.

Thanks for your responses.

Yes, this was a 3 year extension (after the first one). I didn't arrive prior to my start date, my start date was September 2, 2015.

Is there something I can do at the Port of Entry to extend the stamp validity to the I-797 expiration date?

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Filed: Timeline

If I am reading your post correctly, it is the visa that has a July expiration date, correct? If so, that has nothing to do with how long you can stay in the US without leaving or getting an extension. That decision will be made by the immigration officer at the port of entry. The POE officer cannot extend the visa, but he can give you a departure date that exceeds the validity of the visa. The visa is merely the last day the visa can be used to enter the US; has nothing to do with how long you can stay in the US.

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If I am reading your post correctly, it is the visa that has a July expiration date, correct? If so, that has nothing to do with how long you can stay in the US without leaving or getting an extension. That decision will be made by the immigration officer at the port of entry. The POE officer cannot extend the visa, but he can give you a departure date that exceeds the validity of the visa. The visa is merely the last day the visa can be used to enter the US; has nothing to do with how long you can stay in the US.

Yes, that is correct.

Is there a document I can present at the PoE to influence the officer's decision in my favor? From what I remember the last time, the officer just looked at the date stamped on the visa and wrote the same date. He didn't look or ask for any other documents.

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Is there a document I can present at the PoE to influence the officer's decision in my favor?

Umm.. present the facts and let CBP decide?


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Filed: Timeline

Yes, that is correct.

Is there a document I can present at the PoE to influence the officer's decision in my favor? From what I remember the last time, the officer just looked at the date stamped on the visa and wrote the same date. He didn't look or ask for any other documents.

Have the I-797 with you.

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