What are the possible consequences for a delay in filing an H-1B extension after the expiration of my I -94?

My H-1B extension was filed 1 week after the expiration of my I -94. The reason for this delay is that labor certification was denied because of prevailing wages and my employer resubmitted the labor certification. During this labor certification process, my I -94 was expired. My employer submitted a letter with my H-1B extension explaining the situation and that the reason for this delay is because of the labor certification issue. Are there any recommendations on this case?

Asked on May 31, 2014 under Immigration Law, Louisiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A H-1b visa is a non-immigrant United States visa that allows American employers to temporarily employ foreign workers in specialty occupations such as engineering, chemistry and biochemistry. Due to the backlog in processing such applications due to the need for such specialized foreign employees in this country, there are countless delays in getting the visas timely processed.

I suggest that you consult with an immigration attorney in your locality to discuss options if your visa application is denied and what to do. Such an attorney can be found on attorneypages.com.



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