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How much time does the LCA approval take? Can I work on cap-gap if H1B is filed in grace period?

Boston, MA |

My student visa OPT expires on May 1st. My employer is willing to file for H1B visa, but is it too late, as it 13th April already?
How much time would an LCA application and approval take? Is there an alternative to posting the LCA in offica premises for 10 days, in order to reduce the time?
In any case, if my H1B does not get filed by May 1st but gets filed in the grace period, can I work on cap-gap?
Is there anything I can do to continue working?

Attorney Answers 3

  1. You truly need to hire an attorney to help you as you are very unsure of what you are doing!

  2. Not necessarily too late, but you need to get started IMMEDIATELY.

    LCA takes seven days - cutting it very close here. Would need to be in USCIS' hands before OPT expires to go to DSO and get cap-gap endorsement; grace period won't work.

    Speak to a lawyer fast.

  3. As of April 9, USCIS has only received 17000 (approx applications) so it is not too late. Lca's are taking 7 days for approval. The LCA can be posted at the time of filing. You did not need to post before filing. You will be able to work in the cap gap period

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