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Employer using pre-approved LCA to cheat me?

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  • Employer using pre-approved LCA to cheat me?

    Hi folks,

    Just got an offer with cap-exempt H-1B. Employer is stating that it will take 4 months to start date, even with premium processing. This employer has filed H-1B petitions for this position before so I am guessing they have pre-approved LCA with EIN (which means they can file petition right away). I am suspicious they are trying to do normal processing and lying about the premium processing to save money. Are they lying? What should I do?

    Thanks!

  • #2
    New LCA will take about 10 days. Premium processing will take only 15 days from the date of receipt notice. Normal processing will take 4-5 months.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      10 days for LCA
      7 to 15 days to get receipt for H1B petition
      15 days to get decision in Premium + approx. 20 days if RFE (assuming it is responded quickly)

      If you don't trust the company you should not join.
      This is my opinion and not legal advice.

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      • #4
        Originally posted by kabkaba View Post
        10 days for LCA
        7 to 15 days to get receipt for H1B petition
        15 days to get decision in Premium + approx. 20 days if RFE (assuming it is responded quickly)

        If you don't trust the company you should not join.
        Thanks, what about wage determination to get approved LCA? This is the time wasting step, takes ~2 months.

        Does this have to be done every time a new petition for that position is filed?

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        • #5
          Not all employers have to get it every time.
          This is my opinion and not legal advice.

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