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Old 03-31-2011, 12:18 PM
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mdkris is on a distinguished road
Default I 797 - Validity Dates mismatch

Hello!

My H1B got expired in Sep 2010, ( applied for transfer before expiry), got RFE and finally approval last week, but 797 form has the validity from current date(approved date) instead of requested date in Sep 2010. So now is the period from sep 2010 to 797 approved date is considered as out of status or how it is? I have paystubs during this time and on job all the time. Any implications while going for h1b stamping in India and or at port of entry and in future GC.

Any inputs are apprciated. Thanks!
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  #2 (permalink)  
Old 03-31-2011, 07:00 PM
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We had the same situation with my wife's H1-B. We spoke to the lawyer and he had forwarded us an e-mail reply from USCIS, stating that USCIS had decided to issue the validity of 797 from the date of adjudication or approved date rather than from the previous expired h1B date and this is not happening across all the cases. I also have applied at the same time as my wife's h1 and My h1b dates are matching.

Thanks,
Sal
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  #3 (permalink)  
Old 04-01-2011, 12:28 AM
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Quote:
Originally Posted by mdkris View Post
Hello!

My H1B got expired in Sep 2010, ( applied for transfer before expiry), got RFE and finally approval last week, but 797 form has the validity from current date(approved date) instead of requested date in Sep 2010. So now is the period from sep 2010 to 797 approved date is considered as out of status or how it is? I have paystubs during this time and on job all the time. Any implications while going for h1b stamping in India and or at port of entry and in future GC.

Any inputs are apprciated. Thanks!
If I remember correctly, you are allowed to work for 240 days from the receipt date while your case is pending. If the approval does not come within 240 days, you have to stop working and wait for the approval. You are NOT considered out-of-status as long as your petition was filed before the current H1 expired.
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Greened on September 3rd, 2010. (New Employer EB3 to EB2 Porting Case)
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