Federal Agencies, Agency Memos & Announcements

DOL on Nunc Pro Tunc Extensions

7/22/98 AILA Doc. No. 98080758. Adjustment of Status, Business Immigration, H-1B & H-1B1 Specialty Occupation, L-1 Intracompany Transferee

July 22, 1998

MEMORANDUM FOR JACQUELYN A. BEDNARZ
Immigration and Naturalization Service
Acting Assistant Commissioner
Adjudications

FROM: THOMAS SHIERLING
Acting Team Leader
Immigration Team

SUBJECT: Expired Labor Condition Application (LCA) Utilization to Extension of Stay

We have reviewed your updated, draft memorandum, Subject: Extensions of H-1B and L-1 Status for Adjustment Applicants whose I-485 was pending between March 17, 1997 and September 5, 1997. We concur with your statement on page 2, paragraph 3: "In H-1B cases where the underlying LCA was valid at the time the alien filed for adjustment but expired prior to the issuance of this memorandum, the LCA may be considered to cover the nunc pro tunc extension." Of course, should the employer file another LCA pertaining to that worker, the provisions of the newer LCA would be applicable.