H1B COS validity issued for 1yr due to improper L1 start date by Company B

USA H1B Visa
1

Dear Experts,

Appreciate your valuable advice for my below mentioned issue/concern:



I'm working with Company A on L1B since 01Feb2011 which expires on 15Oct2013. I had applied for H1B COS with Company B which got selected & approved last week. However, when I checked my latest I797, the H1B COS validity was issue only for 16 month(01Oct2013 - 30Jan2015). After talking to the consultancy, i got to know that, they have mentioned my L1 start date as 1Feb2009 (which my B1 Visa date as per my PP for which I was in US for 2 months) instead of 01Feb2011. Since the start date was 1Feb2009, they have applied for my Visa only untill 30Jan2015. So, basically i can say that they have represented in USCIS, that I have been on L1 for 5 years in US and my H1 is valid only for 1 year which will result in no further H1 extensions.



Here are my questions:



1. Is it possible for my attorney to submit the corrected dates to USCIS to fix this blunder before 01Oct2013? If yes, will this change result in any consequences for H1B extension or GC processing?
2. Attorney says they would fix the dates while applying for extension before 3 months of H1B expiry. Do you think I will get H1B extension if proper dates are submitted by attorney while applying for extension?
3. During these 16 months of H1B COS validity, is it safe to visit my home country for few weeks (after 6 pay stubs thru Company B) and get my stamping done?
4. The Company B wants to process my GC right now with-in next 5 days as they have an ad available for my skillset. Should I go ahead and apply for it? Is it safe & legal? Also, do you think applying for GC now (which will have my labor approved by end of this year) will be helpful for my H1B extensions?



Thanks in advance
2

  1. They can file it now or they can wait until its time to file H-1 extension. USCIS has not said that you cannot get H-1 beyond those 15 months. So when they file for extension, they can request a longer term. This doesn’t impact H-1 extension and GC processing.

  2. Yes, that is correct

  3. You can go for stamping anytime as long as you all the correct documentation.

  4. GC is for a future job and it is not required for you to be working w/ B at the time of filing. However, lot of companies prefer to wait for at least 6 months after the start date so that they can evaluate your work performance and then determine whether to spend those GC processing dollars on you or not.

3

Thanks for your kind response. Your contribution to this forum is really appreciated.