Need Help on H1 Renewal LCA descripancy

A

Anuhith

New Member
My current employer applied for H1 Renewal on Oct 2003 as at that time my visa was expiring on 12/17/2003.

The LCA was approved for 9/25/03 to 9/25/06

The visa was filed with dates on petition as 12/17/2003(startdate, from end of current visa expiry date) and 9/17/2005(as end date, my 6 year on H1Visa in US expires on that day)

BCIS questioned about dates not matching with LCA dates and requested for proper LCA which Company can not get it approved.

Please help me about my situation.

I have now 60 days left to respond to BCIS.

thanks


__________________
vivian
 
Originally posted by Anuhith
My current employer applied for H1 Renewal on Oct 2003 as at that time my visa was expiring on 12/17/2003.

The LCA was approved for 9/25/03 to 9/25/06

The visa was filed with dates on petition as 12/17/2003(startdate, from end of current visa expiry date) and 9/17/2005(as end date, my 6 year on H1Visa in US expires on that day)

BCIS questioned about dates not matching with LCA dates and requested for proper LCA which Company can not get it approved.
----- why the company can not get new LCA??? they or lawyer can get new LCA from DOL in 2-3 days it is Fax back system then mail the correct LCA to USCIS with H1 filing reciept.

Please help me about my situation.

I have now 60 days left to respond to BCIS.
---- your lawyer/ employer can get correct LCA in 2-3 days or lawyer can send new I-129 form, you need to take the help of your lawyer. I hope your company HR directly filed H1 extension without lawyer or you lawyer has not taken care,. It is not a big deal to get LCA corrected or to get new LCA, your lawyer/empoyer must send reply for RFE ASAP before 60 days.


__________________
vivian
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Thanks for reply.

This is for your understanding that, I directly checked with Labor Dept and confirmed that the Approved LCA can not be corrected. They only can cancel existing one and company need to apply for a new one.

Second issue is: I need visa from 12/17/2003 b'se on that day my current visa expired. Problem here is Labor Dept will not issue LCA starting date earlier to the current date.

If BCIS has raised this issue upon filing the Petition, (The petition filed in the first week of Oct 2003, once querried for Employment Certificate but did not raise LCA issue at that time and had an entry in check list that it is fine, so resend the petition on Oct 14th 2003) the company would have obtained a New LCA before Dec 1st week 2003.

I just want to check if there is an excemption as in my case the problem is genuine.
 
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