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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default H-1B Extension Beyond 6 Years and LCA Requirements

    Hi,
    I am an H1b holder. My current H1b visa was valid until 6/7/08. (that completes my 6 years under H1b).
    My I140 has already been approved but my I-485 has been filed and yet pending. USCIS received my request for H1b 1-year extension last March 5, 2008.

    When my company filed for H1b extension application last March they did include an ETA approval form with it since we were not aware that an LCA was required for H1b extension beyond 6 years.

    Now, as of today 6/24 USCIS has not approved my H1b extension and they are requesting an LCA.
    Their letter states the following:
    " Labor Condition Application: All form I-129 petitions for "specialty occupations" require evidence of filing a Labor Condition Application (LCA), Form ETA 9035 from US DOL. The certification from the Secretary of Labor will be a copy of the Original ETA 9035 filed by the petitioner with DOL. The Certification will include the signature stamp of DOLs certifying officer, validity dates, ETA case number and the filing date affixed to the form."

    The last ETA my company filed was in 2005 and validity dates are 6/8/2005-6/7/2008.

    Since USCIS received my H1b extension application in March.....My question is:

    Would it be acceptable to submit the Original LCA with Validity Dates of 6/8/2005 - 6/7/2008??? Or is USCIS expecting my company to secure a completely new LCA now and every year I need to extend my H1b status while waiting for I-485 approval?

    Any guidance/ feedback would be really appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H-1B Extension Beyond 6 Years and LCA Requirements

    If you're attempting to document that your employer has current labor certification for your position, evidence of expired labor certification won't be sufficient.

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