H1b status after 6 years completed but period left on I94 and stamped visa


My 6 years on H1b visa are completed in Jan 2016 but I have stamped visa and I94 till July 2016.

My PERM was applied in May 2015, got approved and now I140 is pending for approval.

Is my current status invalid as per counted 6 years or its valid as per stamped visa and I94?


Your 797 has expired in Jan 2016, correct? Your I-94 seems to be incorrect and you need a valid 797 in order to work in US.

IMO, you should file H-1 extension ASAP and discuss this case w/ your attorney as your 797 has already expired.

Let me know if 797 is still valid.

Thanks for response Saurabh. My 797, visa stamp and I94 all are till July 2016. But as per calculation my 6 years already completed in Jan 2016 and my company attorney said my status is invalid as 6 years already completed in Jan 2016. Not sure which one to follow now.

If you have stayed inside US for 6 years on H-1, then consider that as the correct limit. Even though USCIS granted you additional time, it looks like an error and you should not make use of it.