Which Expiry date has precedence? I-94, Visa stamp, H1 Petition

[vicky20]

My immigration status went into a messed up state, so I came here to seek some advise.

 

1) I don't have an LCA for my current work location, and it's been already 7 months since I started working here. What legal implications can this have when I apply for a new LCA now? My employer claims an LCA was filed but not able to share it with me, so it was probably never filed. In Principle, An LCA shoud be filed before one can start to work there.

 

2) My current H1 petition expires in Dec '15. So I need to file an extension (and amendment as well due to change of location). This needs the LCA to start with, so not sure if I will get it after filing so late.

What would be the latest date I should have filed an H1 extension before I will be considered "Out of Status" / "Not authorized to stay or work in the U.S"?

 

3) When it comes to legal status, What has higher preference amongst visa, petition and I-94? 

• My current employer's petition is valid till Dec'15.
• My I-94 is valid till Jun'16. 
• I haven't stamped a visa yet with my current employer. The most recent visa stamp is valid till Jun'16 [but it's filed by prev. employer]

 

 

[jairichi]

1. Both LCA and H1B amendment has to be filed.

2. Before your I94 expiry date.

3. Normally I94. But, in your case since the petition expires before I94 validity date your petition date of Dec 2015.

[JoeF]

The last I-94 matters. But it can not be valid past the H1 petition validity (plus 10 days grace period.)

You need to have your paperwork checked by a qualified immigration lawyer.