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What is the expiry date? VISA Stamp or i94

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asked Apr 19, 2017 in E3, TN, B1, J Visas by rprasad (150 points)
edited Apr 20, 2017 by rprasad
Hello,

I am an Australian passport holder. Currently, I am on E3 visa working in USA for a client for the last couple of years and still at the same location. My Visa approval/LCA/i129/Visa Stamp is valid up to 1 May 2017. Every time I reenter into US on E3 visa, I get my i94 up to 2 years from the date of entry into USA. When I return to US on 20 Mar and I got my new i94 up to 19 Mar 2019. My doubts are:

1. Do I need a new LCA as my current LCA is expiring on 1 May 2017?

2. Which expiry date should I need to follow to stay in US legally? VISA STAMP/LCA/i 94? I remember advocate told me to follow the i94. But does anyone had a similar issue?

3. Am I legally allowed to work in US when LCA is expired but still my i94 is valid up to Mar 2019? (I am not travelling out of country after May 1 2017 as reentry is not possible because my visa label is upto May 1)

I have already sent my doubts to my lawyer but his response is very slow. Just wanted to check if anybody knew anything about this?

Please advise
commented Sep 11, 2017 by thomaso (100 points)
Hello,

I am in a similar situation to you - I just got a I-94 stamp until 2019 but my visa & LCA expire in October this year, 2017.

Did you hear from your lawyer about this? I'd be interested to hear his/her comments, if you could share that would be great.

Thank you

1 Answer

0 votes
answered Apr 20, 2017 by vesaservices.com (1,254 points)

1. Do I need a new LCA as my current LCA is expiring on 1 May 2017?

Yes, your E3 is not valid for work without a Valid LCA

2. Which expiry date should I need to follow to stay in US legally? VISA STAMP/LCA/i 94? I remember advocate told me to follow the i94. But does anyone had a similar issue?

Actually I-94. But to work, you need corresponding LCA and proper VISA OR APPROVAL FROM USCIS. You may have to file an I-129 Amendment request with USCIS as the I-94 could be an error for 2 years without a valid LCS at the time of entry. The burden lies on you and your employer to correct any inconsistencies.

3. Am I legally allowed to work in US when LCA is expired but still my i94 is valid up to Mar 2019? (I am not travelling out of country after May 1 2017 as reentry is not possible because my visa label is upto May 1)

NO, you can not work without the LCA. LCA takes only 7 days to get certified.

Forms Preparation fee for H1B/E3 I-129 (Extension/Transfer, Amendment) is $295.00 (includes Public Access file), H1B/I-140 RFE write-up Starts at $195.00, H4 EAD $95.00  and PERM/I-140 starts at $500.00, check us out at www.vesaservices.com or email at aditya@vesaservices.com

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