Can a LCA be reused to apply for H1 Extension?

Rav!

New Member
Hello all,
My H1 is expiring soon (less than a week) and still don't have an approved LCA (LCA got rejected due to FEIN error and it has been re-applied again but the attorney did not send in any additional documentation to DOL to prove that FEIN is in fact genuine).

LC and I140 have been approved...so wanted to apply for a 3 yr extension.

My Attorney is now suggesting 2 options in case we do not receive the LCA approval before the expiration of the my current H1

Option 1: To go ahead and apply for H1 extension and submit all the documentation regarding the LCA application, the reason for denial and sending in evidence for the FEIN.

As per him, USCIS should accept and approve the H1 extension. Personally I have my doubts that this will work. Attorney says that this what other attorney's are all doing. Are they really? Does any body know if the H1 was approved??

Option 2: Use a previously used LCA (one that has been used earlier this year to obtain a H1 B for Employee XYZ who holds the same position as I do AND is valid until June 2011) and apply for my H1 extension.

Can a LCA be reused? Is it a valid/legal thing to do?

Any and all help in obtaining an answer for the above questions is really appreciated.

Thanks.
 
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