H-1B extension filed after the expiration of I -94

[masir]

My H-1B extension was filed One week after the expiration of my I -94. The reason for this delay is that labor certification was denied because of prevailing wages and my employer resubmitted the labor certification. During this labor certification process, my I -94 was expired. My employer submitted a letter with my H-1B extension explaining the situation and that the reason for this delay is because of the labor certification issue. So what are the possible consequences for this delay in filing H-1B extension after the expiration of my I -94? Are there any recommendations on this case?

[kadkhiq81]

H-1B extension filed after the expiration of I -94

USCIS might consider your case but no one can predict anything. In worst case, they might deny your extension of stay and would approve the petition with Consular process. You might need to go out country to get visa stamp.

I would recommend for premium processing to get that decision sooner.

This is my opinion.