Do i need to file LCA again for H1B extension?

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I am in the sixth year of my H1B. If i get I-140 approved; can i file for H1B extension without filing for LCA again. I am staying with same employer, same position

Attorney Answers

5
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
None of that should be your concern or responsibility, and it's entirely your employer's. Anytime your current (or any other) employer seeks to petition for the extension of your current H-1B status, just like before, a new LCA needs to be filed by the employer and be certified by DOL. Only then will employer be able to proceed and file the H-1B extension petition with CIS, which in this instance, since you have an already approved I-140 will for 3 additional years.
0 upvotes
F Capriotti 2793192.Html ·
You, the employee, can't file an LCA ... that is the property and responsibility of the employer's immigration lawyer. Keep in mind that the I-140 is also the company's property. What did the company's immigration lawyer say when you asked him/her these questions?
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Tripti Sharma ·
If I-140 is approved, you will be eligible for extension beyond the sixth year and your employer will file an LCA to support their petition.
0 upvotes