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H1-B expiring. LC approved but short 2 months for extention

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  • H1-B expiring. LC approved but short 2 months for extention

    here is my situation. My h1-B is expiring in October 27. i just got (2 days ago) my labor certification approved. NOw time to apply for I-140. The problem is that my LC was submitted to DOL on December 21. so im 2 months short for applying for extension even for 1 year. what are my options? can i do change of status and then apply for H1-b extension on December (my employer is fine with that) or i completely lose a chance for extension? can i stay in the country or whats my deal?? if i do premium processing for I-140 and will be done with that by the end of October, what i should do after? and can i still do extentio on December 21 for my expired h1-b?

  • #2
    You need to talk to your lawyer about what needs to be done. In short, you should leave the country, recapture the period spent outside the country, let the labor age out for 1 year and then request H1b extension.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.