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Can a LCA be filed before 183 days of intended employment? Given 7 days for processing one should at least file LCA by March 22

Nashville, TN |
Filed under: Immigration

so H1-B can be filed on April 1st.Any suggestion, for someone who wanna file on April 1st but does not want LCA to be denied to early file.

Attorney Answers 1


  1. Get the LCA filed early. Allow time for refile in case of denial. If approved, yes, you will get slightly less than 3 years. But this is much better than risking getting locked out of the cap. We are all hopeful the cap will remain open in FY2011 as it did in FY2010, but many people are locked out of remaining in the US if they don't make the cap (even with cap-gap legislation and OPT extensions, etc.)

    Don't miss out on 3 years of valid H-1B status just because you're worried about 3 weeks of time. File the LCA, get it approved ASAP. (Now that it's already Mar 21, you really have no other choice if you want to get it in in time...I would have advised you to file ASAP, earlier than 3/22....no reason to wait.)

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