Vammo govt shutdown valla h1bs cant get extension + cant go to India

[ANNA_PLEASE_PETTU]

https://www.facebook.com/share/v/1ax5x7eCrC/

[YD_RAJU]

https://www.uscis.gov/policy-manual/volume-2-part-a-chapter-4

[YD_RAJU]

A. Extension of Stay or Change of Status
Generally, certain nonimmigrants present in the United States admitted for a specified period of time, or their petitioners, may request an extension of their admission period in order to continue to engage in those activities permitted under the nonimmigrant classification in which they were admitted.[1]

Also, certain nonimmigrants present in the United States or their petitioners may seek to change their status to another nonimmigrant classification if certain requirements are met.[2]

An alien seeking an extension of stay (EOS) or change of status (COS) generally files the request on a Petition for a Nonimmigrant Worker (Form I-129) or Application to Extend/Change Nonimmigrant Status (Form I-539),[3] depending upon the nonimmigrant classification the petitioner or applicant seeks to extend or change.[4]

The decision to grant or deny an extension of stay or change of status request involves an exercise of discretion by USCIS. There are a number of factors or factual circumstances that USCIS officers consider when conducting a discretionary analysis.[5]

Requirements to Timely File a Request to Extend Stay or Change Status

In general, USCIS does not approve an extension of stay or change of status for a person who failed to maintain the previously accorded status or where such status expired before the filing date of the application or petition.[6] USCIS, in its discretion, may excuse the failure to file before the period of authorized status expired where the requester demonstrates within the extension of stay or change of status request that:

The delay was due to extraordinary circumstances beyond the person’s control;
The length of the delay was commensurate with the circumstances;
The person has not otherwise violated their nonimmigrant status;
The person remains a bona fide nonimmigrant; and
The person is not the subject of removal proceedings and, in the case of extensions of stay, is also not the subject of deportation proceedings.[7]
In general, subject to its discretion, examples of what USCIS considers extraordinary circumstances beyond the control of the person may include, but are not limited to:

Where the person remained in the United States after the expiration of the period of admission due to a slowdown or stoppage of work involving a strike, lockout, or other labor dispute; or
Where the primary reason for the late filing is the inability to obtain a certified labor condition application or temporary labor certification due to a lapse in government funding supporting those adjudications.
If USCIS approves an untimely filed application or petition to extend an applicant’s or beneficiary’s stay, the approval is effective as of the date of the expiration of the prior nonimmigrant admission period.[8] When USCIS approves a late filed application for a change of status, the change of status takes effect on the approval date. USCIS considers the applicant or beneficiary of an approved untimely change of status request to have maintained lawful status during the period USCIS excused.[

[ANNA_PLEASE_PETTU]

5 hours ago, YD_RAJU said:

A. Extension of Stay or Change of Status
Generally, certain nonimmigrants present in the United States admitted for a specified period of time, or their petitioners, may request an extension of their admission period in order to continue to engage in those activities permitted under the nonimmigrant classification in which they were admitted.[1]

Also, certain nonimmigrants present in the United States or their petitioners may seek to change their status to another nonimmigrant classification if certain requirements are met.[2]

An alien seeking an extension of stay (EOS) or change of status (COS) generally files the request on a Petition for a Nonimmigrant Worker (Form I-129) or Application to Extend/Change Nonimmigrant Status (Form I-539),[3] depending upon the nonimmigrant classification the petitioner or applicant seeks to extend or change.[4]

The decision to grant or deny an extension of stay or change of status request involves an exercise of discretion by USCIS. There are a number of factors or factual circumstances that USCIS officers consider when conducting a discretionary analysis.[5]

Requirements to Timely File a Request to Extend Stay or Change Status

In general, USCIS does not approve an extension of stay or change of status for a person who failed to maintain the previously accorded status or where such status expired before the filing date of the application or petition.[6] USCIS, in its discretion, may excuse the failure to file before the period of authorized status expired where the requester demonstrates within the extension of stay or change of status request that:

The delay was due to extraordinary circumstances beyond the person’s control;
The length of the delay was commensurate with the circumstances;
The person has not otherwise violated their nonimmigrant status;
The person remains a bona fide nonimmigrant; and
The person is not the subject of removal proceedings and, in the case of extensions of stay, is also not the subject of deportation proceedings.[7]
In general, subject to its discretion, examples of what USCIS considers extraordinary circumstances beyond the control of the person may include, but are not limited to:

Where the person remained in the United States after the expiration of the period of admission due to a slowdown or stoppage of work involving a strike, lockout, or other labor dispute; or
Where the primary reason for the late filing is the inability to obtain a certified labor condition application or temporary labor certification due to a lapse in government funding supporting those adjudications.
If USCIS approves an untimely filed application or petition to extend an applicant’s or beneficiary’s stay, the approval is effective as of the date of the expiration of the prior nonimmigrant admission period.[8] When USCIS approves a late filed application for a change of status, the change of status takes effect on the approval date. USCIS considers the applicant or beneficiary of an approved untimely change of status request to have maintained lawful status during the period USCIS excused.[

Summary. Chepu bro

[YD_RAJU]

5 hours ago, ANNA_PLEASE_PETTU said:

Summary. Chepu bro

 

🔹 1. The Usual Rule

 

 

Normally, your H-1B extension must be filed before your current I-94 expires.

If your H-1B or I-94 expires before filing, you’re considered out of status — and USCIS generally won’t approve the petition for an extension of stay.

 

 

 

 

🔹 2. The Exception — “Extraordinary Circumstances”

 

 

However, USCIS can excuse a late filing if the delay was beyond your control.

The USCIS Policy Manual specifically lists this example:

 

“The primary reason for the late filing is the inability to obtain a certified labor condition application (LCA) due to a lapse in government funding.”

 

So, if the Department of Labor’s LCA system was unavailable (like during a federal government shutdown), that qualifies as an extraordinary circumstance under USCIS policy.

 

 

 

 

🔹 3. What You Must Show

 

 

In your H-1B petition, your attorney or employer should include a cover letter or statement explaining and evidencing the following:

 

Why the delay occurred – e.g., “The DOL iCERT or FLAG system was unavailable due to a federal shutdown, preventing timely LCA certification.”

That the delay was reasonable – e.g., you filed as soon as the system reopened.

That you maintained status up to the shutdown (e.g., continued valid employment, no unauthorized work).

That you remain a bona fide H-1B nonimmigrant – you intend to continue in the same role under valid terms.

 

 

 

 

 

🔹 4. How USCIS Handles It

 

 

If approved, USCIS will backdate the extension to start immediately after your prior H-1B period expired.
✅ Meaning — you are considered to have maintained lawful status during the gap.

You can continue working once the extension is filed and received by USCIS, even if it was late, if USCIS later excuses the delay under this policy.

 

 

 

 

 

🔹 5. Key Takeaway

 

 

If your LCA was delayed because of a government shutdown, and you file your H-1B extension immediately once the DOL reopens, USCIS may approve it and forgive the gap in status — treating you as continuously lawful during that time.

[nokia123]

15 hours ago, ANNA_PLEASE_PETTU said:

https://www.facebook.com/share/v/1ax5x7eCrC/

Why they can’t go to india?

[ANNA_PLEASE_PETTU]

22 hours ago, nokia123 said:

Why they can’t go to india?

100k