Do we need new LCA for H1B extension?

Your employer will need to file a new LCA at the time of your H-1B renewal. Essentially, every time a new I-129 is filed (e.g. for transfers and renewals), a new LCA must be filed. So, when you are nearing the end of your first initial 3 years on H-1B status, make sure that your employer files an LCA.

Can we use old LCA for H1B extension?

Use valid old LCA for H1B extension Yes, Last approved LCA can be used to file H1B extension.

Is LCA required for H1B extension after i140 approval?

Whenever you need to apply for H1 (new or extension), you need to file a new LCA. If you have an approved PERM you will get 1 yr extension after your 6 yrs of H1b, and once you have approved i-140 you will keep getting 3 yrs extension as long as your GC process is active.

What are the LCA posting compliance requirements?

The LCA, including position, salary and location, must be posted in two conspicuous locations at the employee’s work site. Such notice must be posted on or within 30 days prior to the LCA being filed and must remain posted for at least 10 days.

Can H1B be renewed after 6 years?

After the expiration of the six year period (the tenure), he or she must remain outside of the USA for at least one year, before they could qualify, if petitioned for by a qualified employer, to obtain another H1B visa, which would again be limited by a new 6 year tenure.

Can LCA be approved in 3 days?

Current Department of Labor (DOL) processing time for the Labor Condition Application (LCA), a requirement for all H-1B petitions. Typically, the DOL will approve the LCA within 5 to 10 days. Whether the candidate and employer wish to start employment based on USCIS receipt of the H-1B petition or wait for approval.

Can LCA be rejected?

The approval of a Labor Certification Application (LCA) is based on the Department of Labor while your transfer petition is adjudicated by the USCIS. Because of this, one entity is not contingent on the other. This means that one can be approved while the other is denied.

How can I extend my H1B after 6 years?

In order for an H-1B non-immigrant to receive an extension of stay beyond the maximum 6-year limit, a petitioner must file a Form I-129 on behalf of the non-immigrant beneficiary. The petitioner may be either the beneficiary’s current employer or a new employer. Usual rules and fees of filing an H-1B petitions apply.

When can you extend H1B after 6 years?

How long does LCA approval Take 2020?

5 to 10 days
Typically, the DOL will approve the LCA within 5 to 10 days. Whether the candidate and employer wish to start employment based on USCIS receipt of the H-1B petition or wait for approval.

Can I renew my H1B visa after it expires?

The USCIS allows you to apply for an extension of your H1B Visa six months before the expiration date. If your visa expires while you await an answer, you will be fine. The USCIS allows a 240 day grace period after expiration, as long as you filed before the expiration date.

What is LCA for H1B visa and why LCA is required?

You must have heard from your employer about LCA for H1B Visa. Look this the following H1B Visa Application process flowchart, the first step is Labor Condition Application (LCA). H1B Visa application (New, Extension or Transfer) cannot be filed with USCIS without an Approved LCA from the Department of Labor.

When to file a new H-1B LCA?

If there are any material changes to the employment a new LCA must be filed as well as a new or amended H-1B visa petition. Changes to any of the following must be reported to OIS prior to the enactment of the change: Salary increase above 5%. Any decrease in salary. Increase/decrease in hours worked.

Can a H1B petition be denied for lack of a certified LCA?

The H1B petition must include a certified LCA. The USCIS will either reject the petition for lack of the certified LCA, or request the certified LCA through a Request For Evidence. Ultimately, USCIS will deny the H1B petition for lack of an LCA that was certified as of the date of filing the H1B petition.

How to file a Labor Condition Application for H1B?

A certified Labor Condition Application (ETA Form 9035), is a prerequisite to H1B approval. The LCA must be certified by the Department of Labor (DOL) before the H1B petition is submitted to USCIS. The employer must also document compliance with the LCA requirements in a public access file.