A government shutdown has left an H-1B visa holder in serious trouble. Their 60-day grace period ends soon, but their employer cannot file a new Labour Condition Application (LCA) because the system is down.
H-1B Transfer on Hold
The H-1B transfer process has stalled until the LCA can be filed and certified. Without it, no transfer can proceed. The visa holder fears falling out of legal status as each day passes.
USCIS Response Offers Hope
USCIS has clarified that it will treat the shutdown as an “extraordinary circumstance.” This means that if an H-1B filing is delayed due to the shutdown, late submissions may be accepted.
Searching for Legal Options
The applicant is urgently seeking clarity on whether their H-1B transfer will still be valid after the 60-day period. They are also exploring a change of status to B1/B2 or H4 to remain legally in the United States.
Uncertain Legal Territory
Experts say the situation is complicated. There is currently no clear rule about staying lawfully after the 60-day limit when an LCA is pending. Even if the LCA is later approved, the individual may still face a period of unlawful stay.
Broader Impact on Skilled Workers
This situation highlights how vulnerable skilled professionals are to political disruptions. A single government shutdown can put thousands of foreign workers in uncertain legal situations, leaving their careers and lives on hold.
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