My H1B visa was expired on 30-Sep-2015. I have applied for H1B visa extension but still my case is not approved. Also my contract is going to expire on 29 Feb 2016 with current client. But need to know, can i apply the LCA while my H1B visa in extension.
Please help me on this.
It may be difficult. I have seen similar cases getting denied when there is change in underlying LCA.
Without valid H!B, i can’t apply LCA for some other clients. Isn’t it?
Your current petition has expired so a new extension petition cannot be applied.
The cases I remember, USCIS didn’t like change underlying LCA and I-129 form once it has been filed and in process.
Can you get another project at same location - same or different client? If not, then requesting USCIS to amend the pending period is the only option. Maybe attorney can include a letter stating that petition was timely filed but this is a special circumstance as processing took a long time and project ended.
Thanks Saurabh.
But i have one option, to upgrade the visa processing to premium. Once It got approved/extended then i can apply LCA for new client. Isn’t it?
You can, but what will happen if USCIS issues RFE for more client details or does a check w/ the client? They would know that the contract has expired or about to expire.
ok, what can i do?
Can you suggest me?
Each option has its own set of problems. However, upgrading to PP seems the best amongst the possible options.