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Intended start date on my LCA

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  • Intended start date on my LCA

    Hi,

    I am on my OPT (Stem extension ) now which expires on 07/10/2012.
    I am applying for my H1 in April.
    What should be the intended start date on my LCA?

  • #2
    Oct 1.
    You will need to get cap-gap extension from your school's DSO to continue working between July and Oct 1.
    This is my opinion and not legal advice.

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    • #3
      Thank you so much for your reply.
      My employer is going to apply for my LCA in march 1st week so that i get my LCA before April 1st and I can send the H1B documents on April 1st but as per rules the begin date should be not more than 183 days so should my start date in LCA sometime in september.
      My employer can put the start date on I-129 which i send along with the documents to USCIS as Oct 1st.
      Is that right?

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      • #4
        LCA can start earlier. I was thinking about the H1 petition.
        This is my opinion and not legal advice.

        Comment


        • #5
          But the end date on my LCA and H1 should match.
          Am I right?

          Comment


          • #6
            They can file another LCA later.
            This is my opinion and not legal advice.

            Comment


            • #7
              Thank you so much for your help.
              I have one final question.
              As you said if my employer can apply for a new LCA can he do it when my H1 is in procees?

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              • #8
                I think you should leave the LCA and petition to your employer. I am sure they have lawyers to handle that, it is not a big deal for you. LCA is valid for 3 years, so when it is about to expire, they can file a new one. I don't think the H1 petition will remain pending for 3 years.
                This is my opinion and not legal advice.

                Comment


                • #9
                  Thank you so much for all your help

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