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My H1-B visa is getting expired on Aug 30th, 2010. My I-94 is till September 25th, 2010. Can I get H1B extension in time?

Fountain Valley, CA |

My H1-B visa is getting expired on Aug 30th, 2010. My I-94 is till September 25th, 2010, My employer has not begun the process of extension yet. They will file LCA and then extension. Do think that the process will be completed in time?

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Attorney answers 3

Posted

there is enough time as the LCA takes about a week and then to submit the rest of the documents is quick. As long as it is filed prior to September 25, 2010 (the date on your I-94), you will be fine.

Posted

Yes, but you should start looking for an attorney asap.

Posted

There is still time, as your employer must file the I-129 on or before the expiration of your status. But they should file your LCA as soon as possible, since some LCAs can take longer than a week to be certified. As well, USCIS requires that the LCA be certified before the I-129 can be filed.\\Note, since most out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction, please feel free to contact me for an initial consultation.

Sincerely,

Michael A. Harris, Esq.
Associate Attorney
LAW OFFICES OF
KRAVITZ & GUERRA, P.A.
800 Brickell Avenue, Suite 701, Miami, Florida 33131

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