H1B Expiring soon and no approved LCA

[Rav!]

Hello All,
My H1 expiring soon and we still don't have an approved LCA (LCA got rejected due to FEIN error and it has been re-applied again but the attorney did not send in any additional documentation to DOL to prove that FEIN is in fact genuine).

LC and I140 have been approved...so wanted to apply for a 3 yr extension.

My Attorney is now suggesting 2 options in case we do not receive the LCA approval before the expiration of the my current H1

Option 1: To go ahead and apply for H1 extension and submit all the documentation regarding the LCA application, the reason for denial and sending in evidence for the FEIN.

As per him, USCIS should accept and approve the H1 extension. Personally I have my doubts that this will work. Attorney says that this what other attorney's are all doing. Are they really? Does any body know if the H1 was approved this way??

Option 2: Use a previously used LCA (one that has been used earlier this year to obtain a H1 B for Employee XYZ who holds the same position as I do AND is valid until June 2011) and apply for my H1 extension.

Can a LCA be reused? Is it a valid/legal thing to do?

Any and all help in obtaining an answer for the above questions is really appreciated.

Thanks.

[PHANI_TAVVALA]

The days of labor substitution are gone.

[frostrated]

step 1 is not possible. you need an approved lca for h1 filing.
step 2 is permitted, but then the name on the lca is going to be different.

best bet is to re apply for lca and then file H1 extension.

[ronhira]

step 1 is not possible. you need an approved lca for h1 filing.
step 2 is permitted, but then the name on the lca is going to be different.

best bet is to re apply for lca and then file H1 extension.


frostrated,

y is it that all of a sudden there r just too many questions @ lca, h1B, location, labor certification, wages, consulting company to file h1 for for mba...... blah blah blah...... & u r posting on all those threads...... is this just a co-incidence..... b'coz in mathematics.... "co-incidence" means one that is perfectly aligned....... u along with u'r other friends just released from drug rehab center r working overtime to perfectly align that fake bw article with these fake threads ...... whom r u trying to show this BS...... to your master steve hamm?

[Rav!]

thanks for your responses.

@PHANI - This is my understanding....
LCA - Labor Condition Application: This is specific to H1B petition.
LC - Labor Certification - This is specific to Green Card.

LC substitution does not exist any more but was not quite sure about whether LCA can be used/reused.

@frostrated
LCA does not carry the name of the individual employee. It only has the title and the salary which can be used for any employee or at least for those that hold the same position. So do you think it can be used.

I would hate to leave the country because of a tech glitch on DOL's part. I don' think that in the time that I have, we will get the LCA approved.

Any other options??

Thanks.