Urgent!!!!7th year of H1B Extension. Current H1b expiring on Oct 26th and LCA filed on 18th Pending

srinathchowdary

By srinathchowdary,
in H1B : 7th Year Extension

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srinathchowdary Advanced Member

srinathchowdary

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Hi all,

                  I am completeing by 6 years of H1B as of OCt 26th. Due to Government shutdown not able to file LCA in time and finally filed LCA on Oct 18th. As of Today case status is still pending. Without LCA USCIS not even Accepting the H1B application. Can i able to Stay in USA until my LCA approved and can be able to file extension once LCA approved? or would i be out of status?Below is the information posted by uscis not sure based on this if i can be able to stay or not. What are the Options left.

 

This is from USCIS Site Published on Oct 18th

 

Important Information on Form I-129 H-1B, H-2A, and H-2B Petitions

 

If an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was due to the government shutdown, USCIS will consider the government shutdown as an extraordinary circumstance and excuse the late filing, if the petitioner meets all other applicable requirements.

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blancx Advanced Member

blancx

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Since your 6 years are up, I am guessing you are filing the LCA (and the H1) based on a 365 days+ pending PERM or approved I-140.

 

With your H1 application submit proof of application of LCA (filing date, and/or receipt date), right after the shutdown ended.  The certified LCA will have the approval date.  This may serve as the proof USCIS requires.

 

Did something prevent you from filing the LCA (and H1) in August or September?  

 

'Cause,  the USCIS may ask you why you didnt file the LCA (and the H1 application) well before your expiration date of Oct 26 and waited till the last minute.

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srinathchowdary Advanced Member

srinathchowdary

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yes It is approved on saturday. i looked till friday 10:00 PM  and did not find any change in status from in process and after that the site is down for a while 503 bad gateway error then in the morning i see certified status and my H1B application got posted today. But my still concern is about 2nd day after h1b expiration if i am in safe situation. My employer filed I-539 staying extended stay.

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  • 3 months later...
srinathchowdary Advanced Member

srinathchowdary

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My employer did not received anything as of now but i came to conclusion due to below description

 

Below are automated emails i received but as of today it shows the description of last email response

Jan 30th 

Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER 
Your Case Status: Initial Review 
Your Request for Premium Processing Service for your I129 PETITION FOR A NONIMMIGRANT WORKER was received on January 29, 2014. We mailed you a receipt with information about processing. We will mail you a decision as soon as processing is complete. 
During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators. 

Feb 6th 

i received two emails one after the other with in half an hour duration 

Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER 
Your Case Status: Decision 
On February 6, 2014, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of February 6, 2014, please call customer service at 1-800-375-5283 for further assistance. 
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision. 

2nd email within 30 minutes on feb 6th 

Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER 
Your Case Status: Initial Review 
On February 6, 2014, your Alien Registration Number was changed relating to your I129, PETITION FOR A NONIMMIGRANT WORKER. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance. 
During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.

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