i94 expires on 10 Jan 2018, H1B expires on 31 Dec, 2018. I’m looking for H1B transfer and the new employer is filing for LCA today. In the wake of Govt shutdown from 21st December, if there is a delay in LCA certification, would I be able to file H1B after its expiry and before the expiry of i94.
Assuming you meant Jan 2019…Well, you may do that…but it is up to the discretion of the USCIS. It would help to indicate the Govt Shutdown and delay in LCA etc in a letter for USCIS to consider… Your attorney would do all of this for you. Work with them on the best way to handle it.
So the above would be only when the LCA gets delayed and the petition is filed post expiry. I heard that shutdown would not have impact on H1B petitions. Is that true. Can my petition be filed during shutdown if LCA gets approved.