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When can Employer file ETA 9035 for FY 2010

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  • When can Employer file ETA 9035 for FY 2010

    When can my employer file ETA 9035 the earliest for FY 2010 (starting 10-01-2009)? Does he have to offer the job in the newspaper for that or is this just a procedure for I-129? Please let me know.

  • #2
    I see that you are exploring a lot of things at the same time. Good.

    LCA (Labor condition application) can be filed 6 months in advance of the intended emplyment start date wrt H1. So for an intended start date of Oct 1st 2009, April 1st would the earliest.

    However, lawyers apply for LCA about week in advace of April 1st with a start date of like 9/25/09 (for example). This way they can file the LCA on 3/25/09.

    I don't think they need to advertise but they need to post it at the work site for 10 days or something like that.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      So that means ETA 9035 does not have to be approved when my employer files I-129? He just has to prove that he filed ETA 9035?

      Comment


      • #4
        I assumed that ETA9035 is the one used for LCAs.

        LCA must be approved before the employer can file I-129.
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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        • #5
          Yes, ETA 9035 is LCA. How would that be possible, if both cannot be filed before 04-01-09, but approved LCA has to be sent in with I-129? Am I missing something?

          Comment


          • #6
            Did you read this in my first post?

            However, lawyers apply for LCA about week in advace of April 1st with a start date of like 9/25/09 (for example). This way they can file the LCA on 3/25/09.

            It's nice to apply on 3/25/09 with a start date on LCA of 9/25/09, for example. This process is generally quick. This way your employer can send the LCA along with I-129 on April 1st.
            Check out H1 FAQs first!
            http://www.immihelp.com/visas/h1b/h1-visa-faq.html

            Comment


            • #7
              In terms of Mathematics, LCA has to be a superset of the H1b set in its dates with the start date of 6 months from the date of application.

              H1b approval will be for a maximum of the LCA dates i.e will not be for full 3 years initially.

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment


              • #8
                Yes, I did read this. Thank you. However I do not plan on hiring an attorney, because our E2 visa was very expensive. How are other people doing this when they do not want an immigration laywer involved? There must be a solution. Any help?

                Comment


                • #9
                  Zicke is on a mission to solve the employment-based GC and H1 dilemma once and for all. I am impressed with her/his efforts. I am going to share my case details as I did long time ago on some other forum.

                  My LCA was filed on, I guess, 3/7/07 and was given back to the employer by their law firm on 3/13/07 (to be posted at the job site ). On the LCA, I think the lawyer requested my employment start date of 9/7/07 (and not 10/01/07 the H1 start date). Based on this LCA, my H-1 was approved from Oct 1st to 9/7/2010. My I-94 also has the same date. This makes me think that one CAN file an LCA before April 1st. The only loss is that you would not get the 3 yrs when your H-1 is approved. My employer's law firm is a well reputed law firm, if that makes any difference.

                  Let me know if you need to see my LCA copy and H1 approval. I'll be happy to share that with everyone just because I am high.
                  Last edited by DMX17; 06-12-2008, 04:40 PM.
                  Check out H1 FAQs first!
                  http://www.immihelp.com/visas/h1b/h1-visa-faq.html

                  Comment


                  • #10
                    Hi txh1b,

                    I unfortunately do not understand any word you are saying. Can you please say it in plain words for dummies again?

                    Comment


                    • #11
                      Originally posted by Zicke
                      Hi txh1b,

                      I unfortunately do not understand any word you are saying. Can you please say it in plain words for dummies again?
                      If only I could draw a picture on the forum, I can be more clear. May be I should ask those spammers how they include pictures to show up on the forum.I will try to do my best with Text.

                      I tried the pictorial representation of timeline in text and it failed. DMX has textual explanation. That should do.

                      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                      Comment


                      • #12
                        Well, I am a female of 40. "Zicke" is the German word for "bitch". I do not think that I am that bad, but when you ask my husband, he will tell you the truth.

                        I do know a lot about the E2 investor visa that we have for 6 years now. If anybody need help I like to help.

                        I defenitely try to get as detailed information as possible, because I think laywers are just too expensive and we have to fill out the forms anyway by ourselves. That happened with our E2 renewal last year where we paid $ 5000 to the attorney.

                        I learned today that I better have the H1B visa to get GC, even if I can work with E2 as a spouse. The E2 is a non dual intent visa and when you get denied for GC you loose your E2 visa. H1B is a dual intent visa and you are not at risk.

                        So please I need as much help as possible. Right now I am just getting more confuse.

                        Comment


                        • #13
                          Alright Zicke (not literally ),

                          Why don't you provide details about who is the main beneficiary for the GC, you or your Zicko (husband)

                          What is the job like? What are the qualifications (education/experience)?

                          Open the box.
                          Check out H1 FAQs first!
                          http://www.immihelp.com/visas/h1b/h1-visa-faq.html

                          Comment


                          • #14
                            Thanks, will tell you tomorrow. Have to get back to work and then home.

                            Comment


                            • #15
                              O.k. my husband are form Germany and I have the E2 investor visa for 6 year, we renewed last summer. I am employed by a company that imports plywood from China and Equador. They even do export. Just what I learned. The company is small (just 4 employees with me), but the sales are big and they should qualify for sponsorship.

                              I have an associates degree in retail import/export and work experience for about 12 years in this job. Just the last six year we were running a restaurant here in Florida. We sold the business beginning of this year, but still own the building and property. So our investment is still there.

                              My husband is sitting at home right now, because I am the one that can go to work for another company. My employer wants to do the sponsorship for me, because the E2 is a pain in the butt over a longer period of time. So I will be the beneficiary for GC. As I said I will not use another immigration lawyer who charges too much money for work I can do myself.

                              I need advice from A-Z. I already know that I have to go through the H1B visa to be able to get GC (EB-3). I certainy do not want to jeopardise my E2. This is why I am asking all these stupid questions (I still did not get the part with the LCA and I-129). Does my employer really need to get an attorney to get everything in time. If my employer cannot sent LCA before 04-01-09 and I-129 has to be sent in from 04-01-09 with approved LCA it will not work. I read that this year the last I-129 were accepetd on 04-07-08! Can sombody explain me the precedure for dummies? I do not think that I am dump, but this is very complex. Any help is appreciated. Thanks. Any more questions about our case? I am more than happy to inform.
                              Last edited by Zicke; 06-12-2008, 08:58 PM.

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