LCA Filing - Clarification

[shanthik]

I am working on an H1B visa for one of the world's largest retailers. I am in my 5th year of my H1 visa status and it expires in 2011. If an LCA is filed before July 2010 which is a 365 day point I will be allowed to extend my H1 for another 3 years while my Green Card is in process.

The situation is that the advertisement has been done in NJ and they received 100 applications which makes it difficult to support their statement of me being the most capable one beyond all US citizens. So they have decided now to advertise once again in a remote location in NJ and another in VA. Is it ok to file the LCA for a single employee from 2 different locations. Are there any risks involved? Do I need to move to VA in case it is approved before the whole process is done? or can it be avoided till I get my Green Card as I'm working for the same employer in a different state?

Any info and advice is much appreciated.

[fromnaija]

Originally Posted by shanthik

If an LCA is filed before July 2010 which is a 365 day point I will be allowed to extend my H1 for another 3 years while my Green Card is in process.

Not true! In the above scenario you will only be permitted to extend your H1 in yearly increment. To get a three-year extension you must have an approved I-140 Immigrant Petition for an Alien Worker.

I cannot or do not want to comment on the second part of your question. Sorry?

[shanthik]

I said that as the LCA results will be out in 9 months or less according to the current scenario which gives me time for filing the I-140 before July 2011. Shouldn't I be having a 3 yr extension then? The Talent services Manager at my office said so..