LCA causing delay for H1

[hak]

Hi,

My current H1b with my current employer will expire on 6/30/2010 but I have a new employer who agreed to file a new H1b starting July 1. Here is a response which I got today,

'all materials submitted to the U.S. Department of Labor for the Labor Condition Approval have been denied. As a result, we are unable to submit applications to USCIS until a prevailing wage has been received from the U.S. Department of Labor. Based on their timeline for processing, we do not expect to receive this information until the end of June 2010. This problem is due to a change in US Department of Labor requirements that became effective in 2010.

Due to these circumstances, we anticipate that we will be unable to secure approval for H-1B sponsorship for you until August 2010 at the earliest.'

Do I have any alternate option to stay between June 30 - Aug or I will have to leave the country? Please respond! Thanks a lot.

[shervin143]

You will have to leave the country unless you can file a COS to any other status like H4/L2 (If you are married and if your spouse is in a work visa).

[hak]

Thanks for your reply!

Is there a grace period for which I can stay after 6/30 because they should have the documents by end june/early july (hopefully) and once they apply I should be OK.. right?

Thanks again

[hak]

can I apply for COS to B1/B2 for the short time period before my new employer takes care of LCA and wage certification and applies?

[shervin143]

There is no grace period. You need to leave the country immediately before the I-94 expires to avoid any future complications. Not advisable to file for B1/B2 as you will need to convert back To H1B which will cause issues. B1/B2 is a non-immigrant petition. COS from B1/B2 to H1B will cause issues later.