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spanandiyer1

H1B and I-94 expiring in March, waiting for LCA to submit H1B application

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Hi Folks

I am working in H-1B visa(first 3 years) and my visa and I-94 expire on March 4, 2012. To start the H-1B extension application process, my employer submitted the LCA on Jan 4th,2012. We got a denial on Jab 6th, 2012 the reason being the DOL could not verify the employer's FEIN number(there was no mistake in the LCA application. Used same FEIN when filing inital H-1B petition). So we submitted the proof on Jan 6th,2012 to the email address they mentioned. We were instructed to wait for 7 days for the response. We did not get a response till Jan 17th so my employer called DOL and they mentioned that the FEIN was already verified on Jan 9th itself.(but my employer says he never got en email!). So we again applied for the LCA on Jan 17th and still no response. Its already more than 2 weeks and I dont know how long we should wait. We cannot submit H-1B without LCA, and the extension needs to be filed before the I-94 expires. My employer is doing PP.

1) So what can I do other than just wait? Shall we just send the rest of the application to USCIS and inform them in the letter that we would send the LCA once we get it from the DOL? Will my application retain the initial filing date in that case or will they simply reject it?

2) My other (less important) query is I am filing H4B extension for my wife also. I am submitting just the application (along with my I-129). Do I need to write any support letter for that like the Support letter I have for my I129 petition?

Thanks

Anand

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