Hello,
I have been working here on H1B1 status (higher education) for two years, and my employer filled my first extension application a couple of months ago (same employer, same job). Before filling, we had a local immigration officer (Pittsburgh office) reviewing the I-129 form and all the attached information, to get sure that we had everything right. She was really nice, but told us that we did not need to get a new LCA ETA 9035. We pointed out to her that the former one would expire before the 3 years requested in the extension (we were already getting the new LCA application ready). But she wrongly told us that we only needed the original one as it was valid at the moment of application.
To make a long story short, USCIS sent us a request to submit a new LCA certification before three months. Our Human Resources office is working on it, and they claim that we will have it here by next week, and it will not be a problem. But meanwhile my current I-94 and H1B1 visa are expiring very soon.
My questions are:
1) Will I still be in legal status here when the I-94 and the H1B1 expire? The Human Resources guys say that, as USCIS has sent all the documentation stating that the case is being processed, I am OK. But what about the I-94? Can and should I ask for an I-94 replacement?
2) Should we submit a new I-129 (with the new LCA number instead of the old one), together with the ETA form?
3) If so, can (and should) we enclose a letter explaining that including the wrong LCA form was due to an USCIS error? (we have all the infopass documentation on our meeting at local USCIS office, but obviously no record of her wrong instructions. So it would be mostly oriented to claim bona fide from our side).
I would really appreciate if I anybody could answer at least some of my questions ASAP. This situation is very stressing for me and, to make things more complicated, I have just received a good job offer back from the EU. I love my current job in the US, but I would not like to lose that opportunity if I would have to leave anyway in a couple of months. Thanks a lot.
I have been working here on H1B1 status (higher education) for two years, and my employer filled my first extension application a couple of months ago (same employer, same job). Before filling, we had a local immigration officer (Pittsburgh office) reviewing the I-129 form and all the attached information, to get sure that we had everything right. She was really nice, but told us that we did not need to get a new LCA ETA 9035. We pointed out to her that the former one would expire before the 3 years requested in the extension (we were already getting the new LCA application ready). But she wrongly told us that we only needed the original one as it was valid at the moment of application.
To make a long story short, USCIS sent us a request to submit a new LCA certification before three months. Our Human Resources office is working on it, and they claim that we will have it here by next week, and it will not be a problem. But meanwhile my current I-94 and H1B1 visa are expiring very soon.
My questions are:
1) Will I still be in legal status here when the I-94 and the H1B1 expire? The Human Resources guys say that, as USCIS has sent all the documentation stating that the case is being processed, I am OK. But what about the I-94? Can and should I ask for an I-94 replacement?
2) Should we submit a new I-129 (with the new LCA number instead of the old one), together with the ETA form?
3) If so, can (and should) we enclose a letter explaining that including the wrong LCA form was due to an USCIS error? (we have all the infopass documentation on our meeting at local USCIS office, but obviously no record of her wrong instructions. So it would be mostly oriented to claim bona fide from our side).
I would really appreciate if I anybody could answer at least some of my questions ASAP. This situation is very stressing for me and, to make things more complicated, I have just received a good job offer back from the EU. I love my current job in the US, but I would not like to lose that opportunity if I would have to leave anyway in a couple of months. Thanks a lot.