H1b expiring in 45 days, LCA was not filed for extension

[spulli]

Hello friends,

 

My H1b is expiring in 45 days, because of lazy employer my LCA was not filed so far.

 

Due to government shutdown now they can't file LCA.

 

What are the other options to me?

 

Thanks in advance...

[s581]

This is from my lawyer.

 

I am an H-1B employee and my status is expiring soon. My employer is planning to file for an extension for me. Will my extension be affected by the shutdown? 

Possibly. Though USCIS will continue to process extensions during the shutdown, your case could be delayed by the suspension of labor condition application (LCA) processing at the Department of Labor. A valid LCA certified by DOL is an essential part of any extension of H-1B, E-3 or H-1B1 nonimmigrant status, but DOL’s LCA operations will be suspended during the shutdown. 

If your employer does not have a valid, certified LCA in place for your position and work location, your extension could be delayed. In the past, USCIS has relaxed its rules and accepted H-1B filings without certified LCAs when DOL operations have been suspended or delayed, but it has not yet announced whether it will do so during the present shutdown.