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Thread: H1B approval received after expiry date - MTR or refile I-129

  1. #1

    H1B approval received after expiry date - MTR or refile I-129

    My H-1B was approved but the expiry date is in past. In fact, the approval period is less than 30 days. Either this is a clerical error or there is some documentation issue.

    If my attorney files for MTR, can I work during the period?
    If my attorney files for H-1B, can I work until H-1B is approved ?

    What is better ? MTR or H-1B?

  2. #2
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  3. #3
    You can’t work if the attorney files for MTR. If employer files a non pro tunc H-1B, even then working would not be allowed but you can premium process and you will get a response within 2 weeks (you don’t even need new LCA as your LCA should still be valid).

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