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H1B Application - Will deficient filing still ensure the application is in the queue?

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  • H1B Application - Will deficient filing still ensure the application is in the queue?

    I understand that April 1st is quickly approaching and it is estimated that the quota will be filled very quickly, if not on the first day itself. Scenario: employer wishes to sponsor their employee (currently on OPT post F-1), and apply for H1B visa. The individual is in a marketing position. Issue: employer has only thought about filing the H1B today, which gives us little to no time to prepare a complete package, given the fact that the LCA will take a number of days.

    Question: If we submit the H1B package to USCIS without the LCA (we are not seeking premium processing), will we still be issued a number in the queue so to speak? Meaning, can we submit a deficient petition and amend it later when the LCA comes in?

    Thank you.

  • #2
    H1B Application - Will deficient filing still ensure the application is in the queue?

    I don't think it is possible to submit H1 without LCA. Check with your immigration attorney.

    This is my opinion.

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