Who files LCA for new H1B?

[farawaydsky]

Hi

A friend mine is a Physical Therapist working on OPT-EAD an her employer is starting her H1B process. My Friend works in a Hospital which has contracted her employer to provide Rehab services.

For LCA, the employer's lawyer is saying that she has to get the LCA filed and approved by the Hospital and they will not be filing it?

How true is that?...From what I know, irrespective of the Client, employer has to file the LCA right??

Thanks,

Faraway

[JoeF]

Your employer files all paperwork for the H1.

[farawaydsky]

Your employer files all paperwork for the H1.

The employer's attorney is adamant that the Client has to post the LCA posting otherwise they will not be able to proceed with the H1B filing.

Can a attorney shed a light on this?..this is for filing H1B for a Physical Therapist .

[rahul412]

How true is that?...From what I know, irrespective of the Client, employer has to file the LCA right??

That's correct. Employer has to do ALL the paper work for your H1B processing. No way client is related in this process except providing the client letter.

[Attorney_25]

The LCA notice of filing needs to be posted at the work site so generally someone with authority to post notices at the work site would have to post it. It may be that the employer is asking the employee to act as intermediary because she's at the work site and they are not. In reality, it's not part of her job and it might be a good idea for the employer to directly approach a person of authority at the hospital work site. Long story short, the LCA cannot be filed by the employer until the notice of filing is posted at the work site. Obviously, until the LCA is filed and certified, the H-1B cannot be filed.