My package has reached to USCIS on 11th June…Lawyer has sent it without LCA as LCA still was not approved. But in the package it was stated to USCIS that LCA is filled last week but its not approved still and because of rush, Package has been sent to them. It would be immeditely sent to them once it got approved…So whether I have made it to CAP or not? Very unique situation but plz try to reply if anybody knows about it…
Seems the lawyer is just pushing the envelope, for no reason :
Labor Condition Application (LCA) You must submit a certified Department of Labor (DOL) LCA (Form ETA 9035) at the time of filing your petition. A copy of the LCA is acceptable. Note: USCIS encourages petitioners to keep DOL LCA processing times in mind when preparing the H-1B petition and plan accordingly. If the LCA certified by DOL is for multiple positions, you must provide the name and USCIS case receipt number of any alien who has previously utilized the LCA. Petitioners should ensure that they have signed the LCA prior to the LCA being submitted with the petition to USCIS. Please see Department of Labor’s [Office of Foreign Labor Certification](http://www.foreignlaborcert.doleta.gov/) website for further information on the LCA process.
I am in the same situation as you…did you get your receipt or hear something from your employer?