LCA got denied and H1B EXPIRED

[onal23]

My first h1b expired on sep 30th..and the i 94 expires on oct 9th 2009..my attorney applied for the extension really late on sep 15th to get lca approved by the labor department..the labor department denied twice already for the fein issue..we are hoping the get that verified here in a few days then apply to get lca approved..i think by the time we will get the lca approved it will pass the expiration date of i94 which is oct 9th..

1-i am wondering what would happen if we did turn everything to uscis later than oct9th?
2- would i still be able to get an approval even though it is applied after the expiration?
3-if i got the extension approved, what would be the starting date for my new i 94?
4-should i leave the country before the i 94 expires and wait for the extension approval?
5-i was told by the attorney that this lca thing is well known by uscis and they are lenient on the cases for the second extension..how true is that?

I am really frustrated with this and i cant get a straight answer. I hope some of you out there can help me out with this

thanks

[simple1]

you are already out of status.
h1b expired = out of status
i94 expired = illegal worser than undocumented.

Leave usa immediatly.

My first h1b expired on sep 30th..and the i 94 expires on oct 9th 2009..my attorney applied for the extension really late on sep 15th to get lca approved by the labor department..the labor department denied twice already for the fein issue..we are hoping the get that verified here in a few days then apply to get lca approved..i think by the time we will get the lca approved it will pass the expiration date of i94 which is oct 9th..

1-i am wondering what would happen if we did turn everything to uscis later than oct9th?
2- would i still be able to get an approval even though it is applied after the expiration?
3-if i got the extension approved, what would be the starting date for my new i 94?
4-should i leave the country before the i 94 expires and wait for the extension approval?
5-i was told by the attorney that this lca thing is well known by uscis and they are lenient on the cases for the second extension..how true is that?

I am really frustrated with this and i cant get a straight answer. I hope some of you out there can help me out with this

thanks

[shantak]

you are already out of status.
h1b expired = out of status
i94 expired = illegal worser than undocumented.

Leave usa immediatly.

Illegal status will start impacting your future entry only after 180 days so take it easy and dont panic. Apply for LCA and then H1B. Most likely your H1B will be approved without an I-94. You need to take that and go to stamping to the nearest embassy.
Get the things done ASAP
Good luck, again this is just my opinion. Consult your attorney for more details

[rockstart]

Safe bet would be to move out of US and then stamp new visa and re-enter. But if that is not an option ask your lawyer to file for Nunc Pro Tunc with your H1 application that will request USCIS to backdate the H1 dates and clean up the records.