LCA vs EAD ..clarification..

N

narasi_a

Registered Users (C)
I am working in Newyork and My LCA for NY is going to expire May month end and I have EAD but not using it and am with my same employer ( located in NH ) who is processing GC.

When I asked my lawyer to apply/renew the LCA for NY, she said the people who are having EAD do not need LCA?

Is it true ? I would like to know from the knowledgeble people in the forum.

I think When i am not using my EAD card and if I am on H1 visa I shoud l have LCA for that state. Am I correct?

Thanks in advance,
Nara.
 
narasi_a said:
I am working in Newyork and My LCA for NY is going to expire May month end and I have EAD but not using it and am with my same employer ( located in NH ) who is processing GC.

When I asked my lawyer to apply/renew the LCA for NY, she said the people who are having EAD do not need LCA?

Is it true ? I would like to know from the knowledgeble people in the forum.

I think When i am not using my EAD card and if I am on H1 visa I shoud l have LCA for that state. Am I correct?

Thanks in advance,
Nara.
Click to expand...

Clarify again - are you talking about H1b petition or LCA?
 
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Just to be sure, it's your H visa which is expiring (after 3 years) not your LCA, right? The LCA (Labor Condition Application) is something which must be filed in order to obtain an H visa and (as was the case for me recently) if you move to a different location, the LCA needs to be redone (but the H visa stays the same). It's not the LCA which lets you work -- it's the H visa (or another visa) which was obtained for that LCA.

So, assuming it's your H visa which is expiring, and assuming you're not at the 6-year cap, your options should be to either renew it (which may or may not mean sending in the LCA again -- I'm not sure) or dropping the H and working under the EAD.

You can do pretty much anything with your EAD (including washing toilets at Wal*Mart in Alaska if you want). You shouldn't need an LCA as far as I know -- the EAD (Employment Authorization Document) pretty much allows you to work anywhere with no restrictions afaik (while the AOS is pending).

But, if you have the option of renewing your H visa and continue to work under it (this would really be up to your company / lawyer) you might want to do this.

The pros are:

+If your I-140 / I-485 is denied, you can continue to work under the H (otherwise you'd be out of status as your EAD would be invalid upon the denial).

+Won't need AP to travel (as you would with EAD). This was taking 6+ months to obtain last time I checked so if you want to travel before that, you should push to renew the H.

+More convenient -- should be good for another 3 years (and could be extended after that if necessary while the GC is pending). With the EAD, you have to renew this every 9-10 months or so to be sure that you're covered (and won't have to run around trying to get an iEAD). This applies to your company / lawyer too -- you won't need to hassle them about renewing the EAD, possibly 1-3x as you wait for the GC (hopefully the USCIS is trying to reduce the wait but at this point a 2-3 year wait still seems possible).

The cons are:

+You'll be using up your 6 year max on the H visa (should you want to revert to this at some point)


I currently have an EAD (no AP) and I'm working under an H visa.

ETA
 
Hate to cross you ETA-GC, but if it is a question of LCA only then lawyer is right.

I was just trying to find out if narasi_a is being mislead to a situation where he is forced to use EAD.
 
Jharkhandi said:
Hate to cross you ETA-GC, but if it is a question of LCA only then lawyer is right.

I was just trying to find out if narasi_a is being mislead to a situation where he is forced to use EAD.
Click to expand...

No problem, but I'm not sure where we disagree -- I thought that my reply agreed with the lawyer also:

  • use EAD ==> LCA not needed
    OR
  • use H1 ==> LCA might be needed to renew (I don't know)

That said, my guess is that if renewing an H visa normally requires filing another LCA, then having an EAD probably doesn't change that. What if the EAD isn't renewed or if the AOS is denied after getting the H? The H visa would still be good for 3 years so I can't see it being supported by the original EAD (due to using it instead of LCA)? Just a guess...

The thing that is confusing is that narasi_a says his *LCA* is expiring -- I'm assuming he means his *H1* is expiring since (as far as I know) the LCA would be valid at least for the duration of the H1 as long as he didn't change jobs / locations. I certainly didn't have to worry about LCA with my first H visa once I got it (although I'm guessing that a new LCA has to be included when renewing the H).

FWIW, when I moved from VA to TX, we had to file a new LCA for my H visa (and I had an unused EAD at the time).

Also, if the company has paid for narasi_a to get an EAD, I can see that they might want him to use it, although IMO this could actually be more work / $ for the company / lawyer over renewing the H for 3 years, especially if they also need to get AP.

ETA
 
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Hi,
Thanks for your suggestions..

Actually my H1 is also going to expire and Applied for renewal and my LCA is expiring may month end.

My wife's name is not cinluded in my AOS now my lawyer is working ojn these documents.
And I do not want to use my EAD now.

--Narasi
 
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