Intended Employment Date is different in LCA and I-129

[piyush12345]

Hi,

Intended Employment date in i-129 differs from LCA. Would like to know which one takes the precedence.

LCA - 17th January
I-129 - 14th Feburary

Regards,
Piyush

[shervin143]

Both (LCA & Petition) need to be valid for you to start working.

[piyush12345]

I didn't get your answer.. When you say both needs to be valid, does it mean intended employment date needs to be same ?

In my case, intended date of employment in LCA is 17th Jan 2011 but I-129 has been filed with 14th Feburary 2011.

My query is, when CIS approves the petition, which one takes the precedence.

[shervin143]

I didn't get your answer.. When you say both needs to be valid, does it mean intended employment date needs to be same ?
>>> No. I mean both LCA and the petition (approval notice) should be valid for you to work. LCA is filed with DOL and I-129 is filed with USCIS. If either one of this has expired, your employment is illegal.

In my case, intended date of employment in LCA is 17th Jan 2011 but I-129 has been filed with 14th Feburary 2011. My query is, when CIS approves the petition, which one takes the precedence.
>>> USCIS will approve the petition as the per the date requested in I-129. However, they will check to see if the LCA has been already approved by DOL and remains valid for the period requested in I-129.