H1B Complications due to Shutdown - Need Advice

[jnmurty]

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.

[h1btransfer1]

Dear jnmurty,
Government shutdown has affected a lot and I think USCIS will be lenient with this. Be prepared to answer this question if USCIS asks: If your visa was expiring on Sep30th 2013, then why did you apply LCA 2 weeks before ? You can apply for extension 6months in advance.

Answer 1. You can only start work after the petition is approved. Go with premium processing and hope for the best.

Answer 2. Currently you have no choice but to apply with current client contract / letter. Once your visa is approved, you can find another client. or if you have doubts, you can start applying for jobs and may be you get something good soon.

This is just my advise, not anything legal.

[h1btransfer1]

Did your LCA get certified yet ? When did you file LCA ? I guess September 19th ?
One of my friend applied on Sep17th and he got LCA certified on Sep 30th.

Anyone got their LCA certified after government re-opened ?

[irfanlai]

Is the DOL/USCIS accepting LCA amendment after reopening?

[jnmurty]

My LCA is approved today. But my client cancelled my contract 2 days ago. So, this LCA is useless.

Any suggestions on what can I do now? My employer is not very supportive to me and told me to look for other options.

If I go to India and come back with a F1, can I be able to take CPT and work? Can I file H1 extension then or should I file H1 under regular yearly quota?