Hi,
The company attorney sent me an email today that my LCA is rejected because LCA cannot be submitted sooner than 180 days from the employment start date of 10/01/13, which is ths H1B start date. Now, he sent me an email later today that he has resubmitted the LCA application with an employment date of 09/01/13 to by-pass that rule. I am really confused as to how can the start date be 09/01/13 since I am only allowed to work on/after 10/01/13. Also since he has resubmitted the LCA application how soon can we expect an answer from DOL as I want the application to reach USCIS on the first of April. I am working on OPT and I want to make sure I make the cap this year. I would appreciate it if anyone could help me clear my doubts.
Thanks.
Chemmie
I have another question, the employment date on the LCA was changed on 03/20/13. How long does it normally take to get the LCA approved ? I read somewhere that it takes 7 business days. Going by the statement on the USCIS website that the quota might be filled up in the first 5 days begining April 1st, I want to make sure my LCA is aproved on the 29th and the application mailed out on the same day. Can anyone please help me regarding the LCA processing time.
The LCA start date can be 9/1/13 w/ end date of 8/31/16. When they file H-1 w/ I-129 they can mention employment dates of 10/1/13 to 8/31/16. The start date requirement is on I-129 and not LCA. Your petition will expire 1 month prior (instead of 9/30/16) but your employer can always file for extension petitions to capture that time.
LCA processing will take 7-10 days. Even if it takes 7 days, you can still file it to reach before April 5th. Even if the cap is reached on the first day, petitions received on first 5 days will be subject to random selection.