LCA certification for H1B petition

[sampita4H1B]

Hi,

Recently my employer has decided to file H1B for me. At present they are trying to obtain the LCA (Labor Condition Application) certification from the U.S. Dept. of Labor. It takes at least 10 business days to complete the process.

I heard that applying for LCA certification means my name has already entered into the H1B quota and I will be able to submit the petition even if the quota is filled up at that time.

Does anybody has any information regarding this. I am wondering if the above information is true or not.

Thanks,
Sampita

[shervin143]

Filing LCA has nothing to do with H1B quota. LCA is filed with DOL and H1B is filed with USCIS. The LCA will not even have you name on it. Unless you file the H1B petition with USCIS and USCIS accepts it by providing you a receipt notice, you are not considered to be CAP counted.