H1-B Expires but Labor Certifications not Approved Yet

Hang123

Registered Users (C)
My current employer wouldn't start the Labor Certification process until two years before my H1-B expires. Given the current processing speed, I don't think the Labor Certification will get approved within two years. What should I do if my H1B expires but Labor Certification hasn't been approved yet? Will I still be eligible to work in the US?

Thanks very much.
 
You can do the 7th year H-1 extension if you file labor certification > 1 year before your H-1 expires. So yes you will still be able to work in the US.
 
Originally posted by Hang123
My current employer wouldn't start the Labor Certification process until two years before my H1-B expires. Given the current processing speed, I don't think the Labor Certification will get approved within two years. What should I do if my H1B expires but Labor Certification hasn't been approved yet? Will I still be eligible to work in the US?

Thanks very much.
Future of LC is faster, dont predict 2 yrs. Present is the backlog situation.
 
Nee Hao Hang123.:D (You never seem to reply wishes! Are you Cantonese - just curious!)

There is no limit on H1b extensions.
 
Last edited by a moderator:
Originally posted by Hang123
My current employer wouldn't start the Labor Certification process until two years before my H1-B expires. Given the current processing speed, I don't think the Labor Certification will get approved within two years. What should I do if my H1B expires but Labor Certification hasn't been approved yet? Will I still be eligible to work in the US?

Thanks very much.



better change the company. then file a charge with eeoc for discrimination. your company should have the legal "genuine" reason to start the labor process just before 2 years of your 6 year limit. they are forcing you to work for them. it is not legal. it violates the consitutional rights.
 
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