I am on H1B and have I 140 approved. My current employer will be soon filing for H1B extension. However, in the client letter the project duration has been mentioned for another six months only.
Are the chances of getting a 2 or 3 years extension very minimal?
If not 2 or 3 years, can I at-least expect 1 year extension as I already have an approved I140 from my current employer.
USCIS has new guidelines and a tougher stance with 3rd party client placement of H1B employees and so they are doing extensions only till the client contract end date, no matter if it is within 6 years or beyond with or without approved I-140.
The new guidelines give USCIS adjudicators increased authority to limit H-1B approval periods to less than the three-year maximum validity or to deny petitions if the employer cannot show that it has specific specialty occupation assignments to cover the full requested period of H-1B employment.
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Although, this policy is still implemented for extreme cases, USCIS has reversed the policy of giving limited time approvals based on client letter tenure after Trump.
Also, a court case was lost by USCIS and judge forced them to reverse this policy in 2020.
Now, one can expect full 3 year term unless the case is for ‘in house project’ or the client project is fishy.
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Good to know, thanks Anil!
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