| |

Dates Incorrect on Some LCAs
Posted
Jul 01, 2005
©MurthyDotCom
On June 20, 2005, some members of the American Immigration Lawyers
Association (AILA) noticed that certified Labor Condition Applications (LCAs)
filed in connection with H1B petitions had month-old start dates instead of
current start dates. LCAs are required in connection with all H1B cases.
They should not be confused with the Labor Certification (LC) that is part
of the employment-based green card process. The U.S. Department of Labor
(DOL) has been notified of the problem, as the LCAs are requested from and
approved by the DOL.
©MurthyDotCom
LCAs, which must accompany all H1B petitions, establish the period that an
H1B beneficiary can work for a company and the appropriate rate of pay for
the position. It is important that the dates on the LCA cover the entire
period requested for employment in H1B status. The USCIS cannot approve an
H1B petition for dates that are earlier or later than the dates covered by
the LCA approval. Employers filing H1B petitions for their employees or
prospective employees should check the LCA dates carefully to avoid any
potential problems or confusion in obtaining the correct H1B petition
validity dates.
©
2005 The Law
Office of Sheela Murthy, P.C. All Rights Reserved

|
|