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New LCA REquired?

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  • New LCA REquired?

    Hi all,

    In October 2003 I was offered a teaching position at the NYC Public Schools. My I-129 which was for an employment start date of August 8, 2004 was filed around the 2nd week of February 2004 but my lawyer informed me that it did not beat the Feb 17 cap for the H1-b. I was told the the petition will be refiled soon possibly April 1 for a new visa start date of October 1 ( earliest possible date for the 2005 cap) however the lawyer is saying that he is still waiting for the NYCBOE to decide if a new LCA will be applied for. The original LCA is for a employment start delay of two months and the LCA is for the SY 2004-2005. This is not a major revision I think.

    My question is : Is a new LCA ( which has its own processing period of about 2 weeks) necessary to refile an i-129 in April 1?

    thank you.