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Getting the LCA In Hand Before April 1

Employers who employ foreign worker in H-1b position are required to submit Labor Condition Application (LCA). Because one cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR § 655.730(b)), it is suggested by AILA that to get the LCA in hand before April 1, the employment start date on the LCA can be set for a date in September. Later, one can file the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA.

Example:

LCA start date: 9/1/10

LCA end date: 8/31/13

Form I-129 start date: 10/1/10

Form I-129 end date: 8/31/13

Huang Law LLC serves clients nationwide on immigration related matters.


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