How to fix H1 petition with short validity (clerical error)

I have successfully obtained an h1 but it has a wrong end date. The documentation was messed up resulting in a petition validity shorter than 3 years but longer than 1 year. I am a full time employee so this has nothing to do with client letter etc. Can this be fixed with an amendment or do we need to wait until 180 days within I94 expiry to request another extension?

My lawyer believes this can be amended but what will happen if the amendment is slammed with an RFE? If an amendment with no job duties changes gets denied for specialty occupation, will the base petition be revoked as well? To avoid this, can we withdraw the amendment if there is an RFE?

You have to file an H1B amendment.

Amendment result does not affect the current approved H1B.

I’ve seen a case in 2014 where a Consular Processing H1B was revoked after approval, when the lawyer filed for amendment to change to COS and received an RFE on specialty occupation they didn’t respond well to…which makes me worried.

That is completely a difference issue.
USCIS is issuing NOIR based on ‘Specialty Occupation’ even for past H1B approvals from 2015.


You cannot escape it if they are after you.

Amendment is the only option in your case. Now, you decide if you want to go ahead with it or not. Your choice.