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Immigration Issues/H1B Extension based on I140 approved

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Question
Hello There,

My question is:

I am doing consulting and my client does not give client letter and if they do in some cases then letter say that engagement is for 6 months and so when I go and file for H1B extension then earlier I use to get extension for 1 year only. Now since I have my I140 approved, if I go ahead and file for H1B extension with client letter that says that engagement is for 6 months then do I get 3 yrs extension based on approved I140 or 1 yr extension based on client letter?

Also, another question I have is that if my LCA is approved for 3 years then are we 100% sure that we would get 3 yrs extension for H1B or there can be situation where LCA can be approved for 3 years but H1B is extended only for 1 yr based on 6 month engagement mentioned in client letter?

Kindly advice.

Answer
Hi,

The H1B petition cannot be approved beyond the validity date of the LCA (Labor Condition Application) which is certified by the Department of Labor and accompanies an H1B petition filed with the USCIS. An I-140 approval allows for extension of H1B status in 3 year increments.

However, the USCIS has the discretion to grant extension for less than the maximum period allowed. Therefore, it is not uncommon for the USCIS to grant an H1B extension based on the anticipated length of an assignment for consulting positions. The probability is higher for a full 3 year extension if the client letter indicates that the project will be extended automatically beyond the anticipated 6 months with the consent of both parties and satisfactory performance of the project.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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