Urgent Suggestion regarding H1B extension

[racoon786]

I need urgent suggestion regarding filing for H1-B extension.
My current H1B expires in 2 days, but my LCA has not be approved yet and it has been more than 7 days already since they applied for it. Can my lawyer still file the petition without an approved LCA?
What are the ramifications if the petition is filed after current H1B expires with new LCA?
Your input will be greatly appreciated.

[roseball]

Originally Posted by racoon786

I need urgent suggestion regarding filing for H1-B extension.
My current H1B expires in 2 days, but my LCA has not be approved yet and it has been more than 7 days already since they applied for it. Can my lawyer still file the petition without an approved LCA?
What are the ramifications if the petition is filed after current H1B expires with new LCA?
Your input will be greatly appreciated.

I don't think you can file a H1 without an approved LCA attached. As long as the gap between your current H1 expiry and filing a new petition is not too much (1 or 2 weeks is ok, in my opinion), you should be ok. However, I don't think you can continue to work until your H1 is approved. If you had filed your H1 extension and its still happenned to be pending and your H1 expired, then you are allowed to continue to work for 240 days from your expiry date. If its still pending after that, then you have to stop working. I am not sure if the 240 day rule applies to your case because you didn't file (or possibly won't be able to file) for extension before your current H1 expires. When you get the LCA approval, you should try and apply under premium processing so it will get adjudicated faster. Hope this helps.

[parablergh]

If you file without the LCA, the petition will likely be rejected in the mail room. In addition, you cannot file for an extension of H-1B status once your status has expired. After your expiration date, you are no longer in status.

As you have mentioned that you have legal representation, I would recommend speaking with them ASAP to determine how to proceed.

Hopefully your LCA was certified today. Also - LCA certification messages have been spotty for the last week or so. Ask your attorney to double check the iCERT page to check on the status.

[racoon786]

I heard there is a grace period after Expiry ...My H1B status has expired on 30th Sept 2008. My ... - JustAnswer

[parablergh]

as mentioned in the link - there are no regulations for a grace period. if you manage to get a petition through, that is great - but you are basically relying on chance at that stage.

speak to your representatives asap.

[racoon786]

Well, as of today I haven't received new LCA and tomorrow is when my H1-B expires. My lawyer keep saying that there is a grace period of 1 month. I am not sure what to believe as I have had conflicting opinions on this.

[Prashanthi]

Originally Posted by racoon786

I need urgent suggestion regarding filing for H1-B extension.
My current H1B expires in 2 days, but my LCA has not be approved yet and it has been more than 7 days already since they applied for it. Can my lawyer still file the petition without an approved LCA?
What are the ramifications if the petition is filed after current H1B expires with new LCA?
Your input will be greatly appreciated.

In normal circumstances you cannot file without LCA approval, however if the LCA is taking a long time, you can file with the copy of the LCA and give an argument that the delay was not due to any fault of the beneficiary but due to delay of the DOL. If you don't file you will become out of status, i suggest you file without LCA or leave the country. Also if the petitioner has an old LCA that is still valid for that job and location and is not being used, they can use that LCA to file. Good luck.

[racoon786]

My LCA was denied due to FEIN number was not verifiable for the employer. My employer has sent fax to DOL with more details on this. My lawyer did apply for extension of stay before my H1-B expired, stating LCA delays as the reason. Once DOL clears FEIN for the employer, new LCA needs to be submitted and the whole process takes another 2-3 weeks before my H1-B petition can be sent to INS. I am just hoping there are no issues with the Extension of stay application.

[yasir2k]

I need your urgent help. I am in exactly the same position as others in this thread. My H1 is expiring and I have not yet received the DOL approvial. CAn I proceed to apply for extension without the NEW LCA and has anyone done that with the outcome. I will appreciate your response. Every minute matters to me now.