回複:急問:關於LCA - 7th yr H1B extension

回答: 急問:關於LCA - 7th yr H1B extensionStaff1252012-10-22 15:58:03

background:

5/5/12, filed 7th yr H1b extension (did not file or enclose new certified LCA, old LCA expired on 9/30/12 which is the end of 6 year H1b);

-You have make a big mistake. You did not get the new LCA, how could you file the H1 extension?

5/31/12 received the receipt notice;

10/22/12 received a notice of action asking for evidence of an approved LCA and it must be certified prior to the filing of the I-129.(response due by 1/14/13)

I filed extension by myself and did not know that new LCA was required untill today. So I cannot provide the LC certified before the filing of I-129.What should I do?

-Your status may have a big trrouble because your 6-year H1 expired and your H1 extension may be denied because you did not provide the approved LCA. If your H-1 extension petition is denied, you can not extend your H1 beyond the 6 year limit any more.

You need to ask your employer or lawyer to get the LCA approval immediately (get the previal wage online in one minute and then, file LCA application online). The LCA may need one week to 10 days to be approved, then mail the approved LCA to USCIS as soon as possible for the RFE. If USCIS accept your LCA, your H1 petition will be approved, otherwise if they do not acept the LCA because you provide it after your 6-year H1 limit ended, your status will be a big problem. You had better hire a lawyer to help you because it seems you are very poor in understanding the immigration law.

Thanks a lot.

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回複:回複:急問:關於LCA - 7th yr H1B extension -staff125- 給 staff125 發送悄悄話 (822 bytes) () 10/23/2012 postreply 18:33:20

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