Temporarily out of H-1B status - effect?

[indiandude1]

I am an Indian citizen. Have a I-140 EB2 National Interest Waiver from labor certification.

I work on an H-1B because I am visa retrogressed.

The local admins are insisting that I need an LCA from the US Department of Labor, regardless of the I-140 approval.

This, due to the turnaround time at US Department of Labor, may lead to a break in my work status of an undetermined length (anywhere between 0-15 days).

What are the practical effects of this break? Do I have to leave the US during that time?

 

[ginnu]

I am an Indian citizen. Have a I-140 EB2 National Interest Waiver from labor certification.

I work on an H-1B because I am visa retrogressed.

The local admins are insisting that I need an LCA from the US Department of Labor, regardless of the I-140 approval.
---------------------------who are these "The local admins"??? did not they file LCA at the time of your H1B filing? how USCIS can approve H1 if no LCA was filed? LCA is filed for H1 and LC is filed for GC

This, due to the turnaround time at US Department of Labor, may lead to a break in my work status of an undetermined length (anywhere between 0-15 days).

What are the practical effects of this break? Do I have to leave the US during that time?

--------------------A National Interest Waiver (NIW) petition requests that the otherwise required U.S. job offer requirement, and thus the labor certification requirement, be waived for the sake of the "national interest of the United States.".An NIW application has clear advantages over other regular employment based immigrant petitions. Since there is no labor certification or permanent job offer requirement

*** what is the PD of your I-140 approval?
if PD is current then file I-485, EAD AP.

 

[indiandude1]

I am visa retrogressed (India is EB2 retrogressed), so PD does not matter.

Can't apply for an I-485 until my visa number becomes current, can I?

 

[indiandude1]

Will being out of status for 10-15 days while the labor certification paperwork prior to H-1B submission is in process negatively affect a subsequent I-485 application negatively?

What are my options to remain legally in the US during this period?

 

[ginnu]

I am visa retrogressed (India is EB2 retrogressed), so PD does not matter.
--- Why the PD does not matter?
Can't apply for an I-485 until my visa number becomes current, can I?
-------- if your PD is current then you can file I-485. FYI in July the EB2 for India Moves to 08,MARCH 2007 and if your I-140 was filed before 08,MARCH 2007 you can file I-485

-----------
Post the date you FILED I-140 and the date USCIS received your I-140 that date should be your PD.