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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105701
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have an h1 set to expire on september 30 and still 't have

Customer Question

I have an h1 set to expire on september 30 and still don't have a new LCA and my employer is filing an extension. Do I have to fly back to my home country or can I wait in the us and hope it gets approved? I have a pending green card application but my employer just forgot to file the renewal on time as they are new to h1 cases
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

So you are waiting for the LCA and because of that, you have not been able to file the I-129, correct? And as far as the green card goes, have you filed the I-485 yet?

Customer: replied 1 year ago.
485 was filed and lca was filed yesterday according to my boss.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

So you mean that the LCA probably won't be available until after October 1, correct? When was the I-485 filed? Did you also file for an EAD? Do you have the EAD approved yet?

Customer: replied 1 year ago.
after oct 1 and filed 485 in march and ead was filed later in july for some reason. Still waiting on both.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. Then unfortunately (or fortunately), you have two choices:

1) You stop working on September 30 and wait for the EAD approval and then you can start working again, but you would not be able to get back into H-1B status unless you leave the U.S. and get new H-1B stamping to come back.

2) Leave the U.S. before October 1, 2015 and have your employer file the I-129 as soon as the LCA is approved and have the H-1B done with Premium Processing so that you can get a decision within 15 business days and can come back on H-1B with that approval.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!