can we file LCA before H1B Pettion start Data

[Aditya34567]

My current H1B petition expires on June 27th 2011.
My Current Visa Expired on Aug 21st 2009.
My I94 expires on June 27th 2011
planning to apply for H1B extension.

Can I not apply for LCA before Dec 27th?
The Lawyer is telling that I can apply only after Dec 27th and so, It will take 15 days for that follwed by 15days for Petion to be accepted.

Sorry I did keep a similar question and I saw the Answer Yes.
My Lawyer is very confidently telling NO...can any one plesae confirm me on this and if possible show the url..

[abhayg4]

Hi OP,

Please refer rule "20 CFR § 655.730(b))" for immigration.
Or serch this in Google - you will find many links...
For eg) one below:

http://cfr.vlex.com/vid/655-730-process-filing-condition-application-19660293

Thanks and Regards,
Abhay

[Aditya34567]

Thank you,

As per: (b) Where and when is an LCA to be submitted? An LCA shall be submitted by the employer to ETA in accordance with the procedure prescribed in 655.720 no earlier than six months before the beginning date of the period of intended employment shown on the LCA. It is the employer's responsibility to ensure ETA receives a complete and accurate LCA.


Read more: http://cfr.vlex.com/vid/655-730-proc...#ixzz17Ysa6fe9

--

we cannot submit LCA in my case no more than 6 months

[abhayg4]

Hi OP,

USCIS has set this limit of 6 months in advance just for a smooth process and information provided is not older than 6 months
If they don;t set it -people will be filing applications as per their needs .

So as your I-94 is expiring on June 27'2011.So you can start your process 6 montsh in advance i.e. I think from Dec27th 2010.

I am just curious to know why you are so desperate to file LCA before 27th Dec as it is just 20 days from now.

Thanks and regards,
Abhay

[Aditya34567]

I want to go to India .
So the lawyer is telling you can go only after JAn 27th (if every thing goes fine).
reason is Dec27th to Jan10th LCA followed by H1B.

They said I should not travel when H1B petion is in process.
Thats the reason whey I am asking why cannot they file LCA before 27th and file the petion after DEc 27th .

[abhayg4]

Hi OP,


I' am not saying that your Petition/LCA will be rejected 100% if you file 6 months and 10 days in advance instead of 6 months in advance.
But If it is not that very urgent to go to India-then just wait till 27th Dec for filing of LCA if you don't want to take any chances.
And yes-its advisable not to travel while processing is going on

Thanks and regards,
Abhay