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government shutdown and pending LCA, can't file H1B


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#1 sumP

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Posted 09 October 2013 - 12:18 PM

Hi,

 

LCA is filed and waiting for approval from DOL. But, due to government shutdown can't do anything!

H1-B visa is about to expire in last week of Oct'2013.

 

In such situation, is it legal to stay in US or not? Any other options or alternatives?

 

Government shutdown is a special case and it is NOT our fault!!

Also, USCIS seems not started accepting H1B extension application with proof of pending LCA (as did in past).

 

So frustrating...:(

 

 

Appreciate any updates regarding this issue!

 

Thank you...



#2 jairichi

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Posted 09 October 2013 - 01:25 PM

Hi,

 

LCA is filed and waiting for approval from DOL. But, due to government shutdown can't do anything!

H1-B visa is about to expire in last week of Oct'2013.

 

In such situation, is it legal to stay in US or not? Any other options or alternatives?

 

Government shutdown is a special case and it is NOT our fault!!

Also, USCIS seems not started accepting H1B extension application with proof of pending LCA (as did in past).

 

So frustrating...:(

 

 

Appreciate any updates regarding this issue!

 

Thank you...

You need to wait. If nothing changes apply for a COS from H1B to H4 (if your spouse works on H1B) or to B2.



#3 sumP

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Posted 09 October 2013 - 07:35 PM

No. Spouse is on H4 visa.

 

What will happen if I switch to B2 visa and then LCA get approves (once shutdown over)?

Should I apply again for COS from B2 to H1 visa and then ask for H1 extension? Is it straight forward?

 

Also, the extension I am talking about is for 7th year on H1B and with pending BALCA appeal!!



#4 Green2020

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Posted 10 October 2013 - 10:36 AM

This shutdown is annoying....after they open....there will be delay because of backlog.....it is our bad luck that we got caught in such situation



#5 Chat2Vish

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Posted 11 October 2013 - 04:25 AM

It would be great if any attorney reply to this thread, There are lot of people who are affected due to this and no one knows what options do they have and what to do in this suitation.

 

I think LCA is a must as of now and if the shutdown continue my employer says its better to go out of the country and get H1B Extension via consular processing and come back. If a person continues to be in out of status, there might be issues during I485 processing. I dont know if this is 100% correct but this is what I know of.



#6 sumP

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Posted 13 October 2013 - 01:40 PM

Yes. I agree with you. That would be very helpful!

I read one of the other blog/forum and one of the post mentions that one guy filed for H1B without LCA and USCIS rejected his/her application. That is the recent case of Oct'2013.

 

This matter definitely needs to resolve ASAP!! Very very frustrating...



#7 t75

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Posted 13 October 2013 - 03:51 PM

Your need for a LCA is a tiny problem. It would not even make the top 100 problems to solve when things return to normal.

 

If you don't want to wait, you are free to seek employment in another country.



#8 CastAway_2

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Posted 15 October 2013 - 02:05 AM

Yes. I agree with you. That would be very helpful!

I read one of the other blog/forum and one of the post mentions that one guy filed for H1B without LCA and USCIS rejected his/her application. That is the recent case of Oct'2013.

 

This matter definitely needs to resolve ASAP!! Very very frustrating...

Only hope is USCIS to accept H1B w/o LCA.



#9 prince2002

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Posted 31 October 2013 - 09:35 AM

I filed for my LCA on sept 27th because of my H1B amendment. I still don't have any response yet. One of my friend who filed LCA on OCtober 18th got his LCA certified on OCt 25th.

 

My attorney suggested filing new LCA as we might get a quicker response if we submit a new LCA.




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