Hello,

I applied for H1b extension last month and received an RFE stating that USCIS needs a proof that my perm has been filed for 365 days. But i am still on my fifth year of H1b which will expire on 08/31/2010 and still have my 6th year left.

My lawyer explained to me that my first h1b was from 08/19/2005 and since he requested the extension from 08/31/2010 to 08/31/2011, so technically we asked for 12 more days.

In response to the RFE he asked me to submit all the time that i was out of USA, which was about 74 days. He said that this is a minor RFE and once USCIS sees this document the confusion will be taken care of. And USICS will grant the visa till 08/19/2011.

Yesterday we got an email from USICS saying that the case has been approved but the H1b is only approved till 11/13/2010, which is just for 74 days. So it seems like they still think that my 6 years are over and just granted the recapture time of the days that i was out of the country...

Can someone please tell me what can be done in this case? how can we explain to USCIS that i am still on 5th year h1b..also can i again apply for extension in November?

Thanks