I have less than one year of H1B time remaining, but the USCIS recently approved my H1B extension for three years. Am I allowed to remain in H1B status for the extra two years?


The USCIS has been known to occasionally approve an H1B for a longer duration than is legally allowed. As a general rule, one should not rely on a USCIS error, as 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 (or apply for a change of status) once the 6-year mark is reached. (02.Feb.2023)

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