Reusing LCA for H1 (7Yr).

[raj574]

Please advise:

1. Can I file for 7th year H1 extension when:
- I am currently on H1 visa, which is expiring next month.
- I485 is pending (concurrent filing; I140/EAD not approved yet) with Receipt date of Dec 04, 2002.
- I cannot prove that Labor Certification (ETA750) was filed more than a year earlier (because of lack of receipt).

2. The LCA used for the H1 is valid till Feb 2004, but the H1 was applied till April 2003 because of H1 6 Year rule. Is it possible to reuse the same LCA to file for H1 extension? Thx.

 

[vault]

NO! You will have to get a new LCA, since the old LCA is valid for less than 12 months. Moreover to file for your 7th year H-1B extension, you don't have to provide a copy of the LC, since your I-140 is pending. Put the I-140 Case number in the annexure. Your attorney should know how to handle cases like this.