government shutdown and pending LCA, can't file H1B


sumP

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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...

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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.

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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!!

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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.

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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...

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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.

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