LCA approved but quota expired-what next?

[mabir]

Hi,

My LCA approved in April but by that time quota filled up. My lawyer saying I can apply to uscis in October, since I am in USA now under B1 visa.
I heard from others, that I have to reapply in Next April. If I apply to uscis in October, they will return the paper.

I am confused. Is it true that I can start work for my sponsored company since my LCA approved?

Please advise.......

[raghvi]

Hi,

My LCA approved in April but by that time quota filled up. My lawyer saying I can apply to uscis in October, since I am in USA now under B1 visa.
I heard from others, that I have to reapply in Next April. If I apply to uscis in October, they will return the paper.

I am confused. Is it true that I can start work for my sponsored company since my LCA approved?

Please advise.......

What visa are you going to apply for to USCIS in October?? On which company's B1 are you in US? Is it the same employer applying for your H1? Why you are talking directly to the lawyer, why not the employer??

You need H1 or L1 to work, mere LCA is not enough. As the H1 cap is already over, you can only apply in next year April 2015.

This is my opinion not legal advice.

[mabir]

H1b

What visa are you going to apply for to USCIS in October?? On which company's B1 are you in US? Is it the same employer applying for your H1? Why you are talking directly to the lawyer, why not the employer??

You need H1 or L1 to work, mere LCA is not enough. As the H1 cap is already over, you can only apply in next year April 2015.

This is my opinion not legal advice.

My employer is sponsoring h1B for me. They applied and got LCA for me. Since the quota is over by this time, lawyers says USCIS will return back my application if we apply H1B now. She says we can apply to uscis based on this LCA in coming October.
is that true? Can my employer apply to USCIS for my h1B based on the LCA (approved in middle of April) in this coming October 2014?

[mabir]

h1b

[QUOTE=mabir;334629]My employer is sponsoring h1B for me. They applied and got LCA for me. Since the quota is over by this time, lawyers says USCIS will return back my application if we apply H1B now. She says we can apply to USCIS based on this LCA in coming October. Because the next quota is in October.
is that true? Can my employer apply to USCIS for my h1B based on the LCA (approved in middle of April) in this coming October 2014?

[raghvi]

[QUOTE=mabir;334651]

My employer is sponsoring h1B for me. They applied and got LCA for me. Since the quota is over by this time, lawyers says USCIS will return back my application if we apply H1B now. She says we can apply to USCIS based on this LCA in coming October. Because the next quota is in October.
is that true? Can my employer apply to USCIS for my h1B based on the LCA (approved in middle of April) in this coming October 2014?

You seem to have been misguided. Did you pay for your own visa?

This year's cap is over. Next H1 cap will open only in April 2015 and one can work only from 01-Oct-2015 in that cap.

This is my opinion not legal advice.

[mabir]

h1-quoata expired

You seem to have been misguided. Did you pay for your own visa?

This year's cap is over. Next H1 cap will open only in April 2015 and one can work only from 01-Oct-2015 in that cap.

This is my opinion not legal advice.

Thank you Raghvi,

It's not about who paid for visa. Employer is sincere and genuine case. I think Lawyer is not updated or not saying the truth. My employer applied 1st week of April. We knew about the quota and Lawyer didn't disclose about it. They wanted the their full consulting fee before my employer applied. Employer paid it. I believe that's the reason she is misguiding us. She wanted the money. I talked to another lawyer over the phone this morning. He also said the we can apply in October ( 2nd quota).
So We are confused. Either lawyer is not updated or we are missing something.

Thank you for your helpful advice.

[raghvi]

Unless the lawyers you are speaking to can change the US Immigration laws to have another quota opened in Oct. cap subject petition can only be applied next year April now.


This is my opinion not legal advice.