Legal Question in Immigration Law in California

My h1b has been all prepared and ready to file, but my LCA came only on April 5 and USCIS also stopped accepting applications today. Is there ANY way to file my H1B? Im asian, did my masters in US and it would've been ideal if my lawyer filed for LCA a couple days before they did but right now my goal is not blame fixing but trying to find a solution. Any productive, helpful advice on how to have my petition accepted this year, would be great! For instance is there some kind of special petition or request for consideration that can be filed on the ground that LCA only came in on 5 April. Any other creative solutions? Thanks in advance!


Asked on 4/06/13, 3:14 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

I believe I responded to your question previously. However, if your attorney missed the filing cut off, & the U.S. Master's Cap is met for the year, there is still nothing you can do.

If you were Australian, Canadian or Mexican, then there would be other NIV options for you.

What about continuing on OPT or F-1 for a PhD? Possibly an E visa, depending on what country you are from & how much money you have to invest or trade.

I suggest you speak with a local Immigration Attorney in your area, but I don't see many options you for, just based on the information you have provided.

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Answered on 4/06/13, 4:12 pm


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