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H1B Extension applied after I-94 expiry and now got RFE for that.

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  • H1B Extension applied after I-94 expiry and now got RFE for that.

    Hi All,
    My H1B visa got expired on 10/21/2013 and I-94 was expired on 11/04/2013. My company tried to get LCA approval before expiry. But the Govt was shutdown till mid Oct 2013 and labor website was down for 7 days in 3rd week of Oct 2013. Hence, LCA approval was delayed.

    LCA approved 1 day(11/03/2013) before my I-94 expiry day. But my company filed for extension on 11/05/2013. That is, 1 day after I-94 expiry. I got the receipt number later that week. My company told me, since I have labor approved and receipt number, it is legal to work.

    But, in Mid March I got a RFE, asking for the reason why was filing happened late, that is after I-94 expiry. Now, RFE has been answered, and waiting for decision.

    Question -
    1) Is it legal to work after I-94 expiry with labor approval and receipt number?
    2) Is the reason "Govt was shutdown and labor website was down for 7 days" acceptable by USCIS on my case ?
    3) If not legal to work and I had to return back to my country, then what are the impacts for future visa if I may have to apply ?

  • #2
    H1B Extension applied after I-94 expiry and now got RFE for that.

    I guess, your case is very valid case and USCIS would consider that. But no one predict what would they do. Hope for the best.

    1. Why don't you upgrade the case to premium to get the decision in 15 days and it will avoid to accumulate the illegal days if your petition get deny in any case.

    You are not illegal to work however if they petition get deny, the period that you work after I 94 expiry would consider illegal. Check with your Immigration attorney to get the correct direction.

    This is my opinion.

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