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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108980
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I recently filed for my H1- extension. I have about 4 years

Customer Question

hi: I recently filed for my H1-B extension. I have about 4 years left on my visa. However, USCIS has approved my I-129 only for next one year. does it mean my visa is valid only for one year. I have not received my I-797 yet
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: My status has been approved by USSCIS
JA: Have you talked to a lawyer yet?
Customer: my company's law firm is looking into it
JA: Anything else you want the lawyer to know before I connect you?
Customer: nope
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

It might have been a mistake. What was written on the I-129? I hope you have a copy of it.

Customer: replied 11 months ago.
I am assuming the original I-129 had 3 years validity from 9/11/2016 to 9/11/2019 because that is how my companny files I-129. I dont have a copy but attorney's of my company do. If it is a mistake from USCIS, can this be rectified and what is the procedure. Let us say my attorney's made a mistake then what is the best course of action. Please suggest
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Verify with your attorney. If they put the dates correctly, then you can contact USCIS and/or CBP and have them correct it. Here is the official link:

If it was an error of the attorneys, then get them to file a new H-1B extension.

Those would be the ways to fix this situation.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 11 months ago.
Thanks for your prompt response. I just hope my attorney's have not made a mistake.However, is it possible that I-129 and I-797 validity dates are different. Are these inter-related. I think I-797 determines your visa validity. If no, what is the difference between two and how are these inter-related
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

If the I-797 has a part at the bottom that is a new I-94, that controls how long you can stay. It does not determine visa validity.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Thank you for your kindness and respect. Good luck to you.

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