H1 Complications due to Shutdown


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My H1 was expired on September 30. Employer filed LCA 2 weeks before 30th, but approval was pending by the time DOL was closed due to govt shutdown. My LCA is still pending. During shutdown, my employer filed H1B extension with an "in-process" LCA, but USCIS didn't accept the petition and sent it back. So, I am in undocumented status since October 1.


1. Say my LCA gets approved now, and I filed H1B extension petition, and got the receipt notification. Can I start working from the day I get the receipt? Or should I wait until I get an approval notice from USCIS. Some folks are saying that, since I'm already out of status, I should wait until my petition gets approved.


2. If my client cancels my contract at this point of time, I wouldn't be able to file an extension with this LCA. What other options would I have, to get the status, then?

Since I'm already out of status, I probably won't be able to get another project. And if I don't have a project in hand, I won't be able to get the status.


Any advice is much appreciated.

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