H-1B extension filed One week after the expiration of I -94

Legal Questions & AnswersH-1B extension filed One week after the expiration of I -94
masir Staff asked 3 years ago

My H-1B extension was filed One 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. So what are the possible consequences for this delay in filing H-1B extension after the expiration of my I -94?  Are there any recommendations on this case?

chrisleroi Staff replied 3 years ago

I think that you are covered given the fact that your employer sent the letter (great idea) explaining the situation and the reason for the delay. However, it is always wise to consult with an immigration attorney in your area. Your employer should normally basically have one on staff.