Do I have time to file for an LCA

[1389]

1. When is the latest that an employer could start the advertising for PERM LCA so that I would be eligible for a 7th year extension? I am in a professional occupation and my H1B1 approval notice states Oct 1 2006. I understand that only one of the two additional required recruitment steps could be within 30 days of filing. Does this mean that the placement of a job order with the SWA for a period of 30 days could be within the 30 days prior to filing? If so, the second Sunday ad would have to be posted before 30 days prior to filing, and the first Sunday notice would have to be a week earlier. I have read in one posting that a minimum of 6 months is necessary. If so, I am already late.
2. Can I recapture the time that I have spent outside the U.S. since my H1 status started? Where do I apply and what do I submit? This would be 8 weeks, and I plan to be away for another 2 weeks this summer.
3. My first H1 expired Oct 1 2003, and my current H1 expires Oct 2006. However, when the first approval notice was issued and the INS sent it to my employer, my employer did not notify me. At that time, the regulations did not allow the candidate to start working until the petition was approved. (I was on my OPT when the H1 petition was filed, but when the OPT expired I had to stop working). I did not start working until I called the employer, and they told me that they had received the approval. I actually started working on my first H1 status on Dec. 15 2000. Could I recapture this time?
I greatly appreciate any responses!

 

[gc_2006]

Try to get recruitment started asap - as you know filing date counts, not recruiting date....
It is a minimum of 30+30 days (for posting the job order and then waiting for applications). You can do the other recruitments inside that time frame and request PWD then as well. Don't wait until 60 days before your intended start date. Employers and lawyers are bad doing anything on time (in my experience). Don't yet tell them about opt - H-1B time lapse and recapture. Otherwise they take that for granted and file even later....and then you end up in real mess. You keep that up your sleeve in case you need it (hopefully not).

2. wait until after your summer vacation and apply for 10 weeks then. You apply like for other extensions. Here is the best way to proceed:
- Go on summer vacation
- get PERM ready and filed
- apply for recapture and 7th year extension in one filing (saves fees and makes possible you don't have to wait until 6 months before H-1B ends - this is now possible due to new Yates memo from 5/12/05 which has improved conditions for 7th year extension under AC-21).

3. H-1B time starts either when you first entered into the country (notapplicale to you since you were here already) or when your status was changed when you are in the country. So...when you recapture and file for 7th year you could also apply to have visa use the full 6years at the same time.

All the best with this (I wish I had that many options for extensions)

P.S. 'LCA' is commonly used to designate the H-1B 'labor condition application' and is not related to PERM 'LC' that you are looking for, which means 'labor certification'.