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knittur
02-03-2016, 03:27 PM
My Company applied for H-1B amendment due to split and my H-1B extension validity date has been reduced from April 2017 to August 2016.

Question is, Can I get it extended back to April 2017.

Following is the sequence of events for understanding the issue.

1. 2007 - got H1 approved
2. 2008 June - 2009 Dec - Travelled & stayed in US for 18 months
3. 2009 Dec - 2011 Dec - Returned & stayed in India for ~2 years
4. 2011 Dec - 2014 Apr - Travelled to US under H-1B CAP EXEMPT valid until Apr 2016 after subsequent extensions & stayed for 29 months.
5. 2014 Apt - 2015 Dec - H1 transfer to new employer valid until Apr 2017. (20 months)
6. 2015 Dec : H1 Transfer to new employer because of company split and got validity until Aug 2016 (8 months left)

Questions:
1. In item 5 above, I got extension till 2017 from USCIS which is one year more than expected. (because the attorney assumed I've applied for CAP H1 in 2011)

2. In Item 6 above, the USCIS rolled back my extension from Apr 2017 to Aug 2016 with the reason that in 2011 my H1 was a CAP EXEMPT.

3. My Perm application is pending labour job classification and will be submitted in April 2016, that'll be likely approved in Feb 2017. I'll be out of status from Aug 2016 till Feb 2017.

4. What's the solution? I'm suffering because of mistakes made by USCIS and attorney.

5. If I go to USCIS with my case, will I get a extension till 2017?