The US will not extend the time period to file a H-1B labor applications

Due to increase in demand the USCIS announced that it will not extend the period.
In which it temporarily accepted H-1B petitions filed with uncertified Labor Condition Applications (LCAs).
The period to extend H-1B petitions for 2010 will not be honored at this time and all petitions, including processed H-1B applications, must be filed in or before the due date stated.

Processed H-1B — What if the U.S. Will Not Extend the Time Period? (options & next steps)

If an H-1B extension request is processed but not extended (or the agency indicates it will not extend the period), the beneficiary and employer face immediate timing and status decisions. Therefore, act quickly: confirm what the decision says, preserve receipts and notices, calendar deadlines, and evaluate alternative pathways to maintain lawful presence or resume work authorization.

What “no extension” usually means (plain summary)

• USCIS may deny or refuse to approve an H-1B extension request, or the beneficiary may have reached statutory limits without an approved basis for continuation.
• The practical effect is loss of work authorization after any grace period and potential exposure to unlawful presence or gaps in employment authorization.

Immediate steps (within 24–72 hours)

1. Read the notice carefully — confirm effective date, reason, and appeal/motion deadlines.
2. Preserve proof of filing and notices (I-797 receipt, denial notice, LCA, I-129 copies).
3. Check grace-period eligibility and calendar departure or change-of-status dates.
4. Stop unauthorized work if authorization has ended.
5. Contact counsel and HR immediately to evaluate refiling, motions, or alternate status options.

Common options to evaluate

• Refiling the H-1B or filing a motion to reopen/reconsider where appropriate.
• Changing to another nonimmigrant status (if eligible) or pursuing consular processing.
• Exploring cap-exempt or new employer sponsorship, or immigrant-petition based extensions where applicable.
• Departure and reentry planning to avoid unlawful presence if no other remedy exists.

Evidence & filing checklist

• I-797 receipts and denial/decision notices.
• Employer letter describing duties, start date, and continuity of employment.
• Draft or completed Form I-129 for any corrective filing.
• LCA, payroll records, paystubs, W-2s, passport, prior H-1B approvals, and I-94.

Practical tips & cautions

• Do not continue employment without valid authorization.
• File motions or corrected petitions promptly when appropriate, and consider premium processing if eligible.
• Coordinate travel with counsel because travel can affect pending filings and status.
• Keep HR briefed and document any employment changes.

How we help

We analyze denial notices, prepare motions to reopen/reconsider, refile H-1B petitions with supporting evidence, evaluate change-of-status and consular options, coordinate with employer HR, and advise on immigrant-petition strategies to preserve eligibility.