rudra_jadhav Posted October 10, 2013 Report Share Posted October 10, 2013 Hello All, The following is my current situation: My last paycheck from company A was on 9/29/2013. I have already received a job offer from company B. Company B has also submitted my LCA to the DOL. but due to the government shut down, my LCA has not been certified yet. The attorneys for Company B say that they cannot file for H1B transfer without receiving a certified LCA. My question is, is my stay in the US illegal currently? If not, how long can I stay? Since the govt shut down, there is no guarantee when my LCA is going to be certified. What is the best option for me? Also is it possible for the attorneys to file h1 b transfer without LCA just to make sure that I don't go out of status? They can always provide the LCA later correct? Please let me know. Link to comment
jairichi Posted October 11, 2013 Report Share Posted October 11, 2013 Hello All, The following is my current situation: My last paycheck from company A was on 9/29/2013. I have already received a job offer from company B. Company B has also submitted my LCA to the DOL. but due to the government shut down, my LCA has not been certified yet. The attorneys for Company B say that they cannot file for H1B transfer without receiving a certified LCA. My question is, is my stay in the US illegal currently? If not, how long can I stay? Since the govt shut down, there is no guarantee when my LCA is going to be certified. What is the best option for me? Also is it possible for the attorneys to file h1 b transfer without LCA just to make sure that I don't go out of status? They can always provide the LCA later correct? Please let me know. If your I94 has expired then you are accumulating illegal presence in US. If not you are out of status. Either you can exit US or file for a COS to H4 (if your spouse is on H1B) or to B2. Link to comment
rudra_jadhav Posted October 11, 2013 Author Report Share Posted October 11, 2013 If I exit the US, can I re-enter when the new H1B finally goes through? Link to comment
jairichi Posted October 11, 2013 Report Share Posted October 11, 2013 If I exit the US, can I re-enter when the new H1B finally goes through? Yes, you can. You can enter with an unexpired H1B visa and new I797. Link to comment
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