I have about one year of H1B time remaining, but the USCIS recently granted me a three-year H1B extension. Am I allowed to remain in H1B status for the extra two years?

Answer

The USCIS sometimes inadvertently issues an approval for a longer duration than is legally allowed. In general, one should not rely on these USCIS errors, because the USCIS generally will not consider themselves bound by their own mistakes. Assuming you do not qualify for the H1B extension beyond the standard 6-year max (e.g., approved I-140), it typically would be advisable to leave once the 6-year mark is reached. (31.Jul.2017)

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