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Immigration Issues/H1 Extension - Status

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Question
Hi Ajay,
My H1B extension (4th year) was filed with the same employer on June 20, 2008.Till now the case status is 'Pending' with No RFE's. The company is currently under DOL audit. USCIS responded with "background check" for a service request from my attorney's office. My 240 days ends on May 29, 2009. Under these circumstances, How do I continue to stay employed beyond the 240 days? What is the best course of action for me to take? My company has filed for Labor on Jan, 2009. I appreciate ur help in this regard.
Thanks,Jagan

Answer
Hi,

You will need to discontinue employment on May 29, 2009. You can remain legally in the U.S. after the 240 days, but you cannot be legally employed on H1B status with this company until the petition is approved.

Re. alternatives, another company can file an H1B petition for you. Also, when the application for labor certification (also known as PERM) is eventually certified, and when I-140 petition is filed and eventually I-485 application is filed, you will be issued EAD (employment authorization document) which will allow you to work independent of H1B visa status.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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