Immigration Issues/LCA requirement

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Question
I am currently in my sixth year of h1b...expires sept 9...i have used all my recapture time as well. My I140 got approved yesterday. But, my attorney has been lazy and had already done and approved an LCA for my h1b 7th year extension. So even if my LCA gets approved in the 7 days as advertised by DOL, i can only file my h1b on sept 8th... which is really pushing it close. My question is since , i have not changed employer and my work location is still the same, do i have to file a new LCA, or would my old LCA be still value. Also, if in case i have to apply for extension after sept 9th... is that ok, can i still continue working...or would i have to leave the country. My wife is on a F1 visa till sept 11 and then she will be on OPT. Please advise.

Answer
Hi,

You can use the current LCA which has already been certified for h1b 7th year extension. However, this LCA would only be valid for one year (whereas the new LCA filed by the attorney would have requested 3 year term based on the fact that I-140 approval results in 3 year extensions...)

Thus, the recommended course of action is to file H1B extension so that it is received by the USCIS no later than Sep. 09, even if this means filing H1B extension request for only one year based on existing LCA which is valid for 7th year extension.

If the new LCA is certified valid for 3 years, then H1B petition can be filed requesting 3 year extension, but the H1B must be received by the USCIS no later than Sep. 09.

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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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