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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

Posted

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

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Asker

Posted

Thank you Deborah! I will try making this as fast as possible through an attorney! Thank you for your response

Deborah Lynne Karapetian

Deborah Lynne Karapetian

Posted

No problem and good luck!

Posted

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.

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Asker

Posted

Thank you Stuart! One more question, does the H1B application have to reach USCIS or be processed and I should have a receipt of approval from them, by the time my OPT expires, for this to work in my favor?

Posted

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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2 comments

Asker

Posted

Thank you Karen! Also, would premium applicaion help more in this case?

Karen-Lee Pollak

Karen-Lee Pollak

Posted

I agree with my colleagues. it must be filed before OPT expires. I always prefer premium processing which will expedite a decision but will not enable you to work earlier.

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