!!! urgent help !!! - h1-b gap

[hrisipisi]

I currently have an H-1B that expires on 8/31/2012. I will apply for an extension on 04/02 with folowing dates of employment:
1. LCA was approved for 9/1/2012 thru 8/31/2015
2. I-129 will have 10/01/2012 thru 8/31/2015 (my understanding is that I cannot put a date earlier than 10/01)

What happens for the one month gap (September 2012)? Is that covered under old or new?

Thanks.

[looneytunezez]

Why would you file LCA and 129 with different dates, makes no sense at all?


your H1B should be filed from 09/01/2012. your H1B application will include both LCA and 129.

[hrisipisi]

Why would you file LCA and 129 with different dates, makes no sense at all?


your H1B should be filed from 09/01/2012. your H1B application will include both LCA and 129.
The I-129 instructions say that the date of employment cannot be before 10/01/2012. Meanwhile, since I have to have the LCA approved at the time the I-129 is submitted, and the LCA cannot be filed earlier than 6 month before the start of employment, I had to submit the LCA with starting day of 9/1.

[looneytunezez]

are you filing for a extension or new employment? i dont think there is a 10/01 requirement for extensions.
so what are you filing for EOS or COS or New petition?

[hrisipisi]

are you filing for a extension or new employment? i dont think there is a 10/01 requirement for extensions.
so what are you filing for EOS or COS or New petition?
I am filing for extension. My original H-1B petition was approved in 2009 with dates of employment from 10/01/2009 thru 08/31/2012.

Are you sure that the 10/01 rule doesn't apply?

Thanks.

[goomail]

10/1 rule applies ONLY for new petitions, which are subject to the cap.