Hi,
My employer is new to H1B process and when they tried to file an LCA with the start date as 01-Oct-2013 which is the H1B start date the application did not go through and gave an error saying the start date for the LCA should be within 183 days of todays date.
Now I am not sure what needs to be done. I am sure there is some way out as LCA is mandatory for filing the H1B.
Can anyone tell me what needs to be done in this case?
Thanks
Did you employer already did the posting looking for an American Citizen that has you characteristic regarding the job they are offering to you>>
Your employer can use what is called predating. So they can give a start date of Sep XX such that it is within 183 days of today. The end date of LCA will be 3 years from that start date.
They can then file H-1 w/ start date of Oct 1 and end date of whatever LCA end date is above. The drawback is that you miss out on few days from the 3 year H-1 term, but these can be recaptured in your extension petition.