Is LCA needed for filing 485

[murthybabu]

Hi,

My wife is working on H1B and hasn't received a copy of the LCA, that was obtained for her H1 transfer, from her employer yet. My priority date will be current in next month's bulletin. So can I still file her 485 as my dependent without a copy of her LCA? Is that required for 485 filing at all?

Thanks

Babu

[JoeF]

She needs to get paid according to the LCA to be in status. And the employer is required by law to provide a copy of the LCA to her at the first day of work.

[murthybabu]

She needs to get paid according to the LCA to be in status. And the employer is required by law to provide a copy of the LCA to her at the first day of work.

Yes, she is getting paid more than the LCA amount. But I think the employer is withholding her LCA so that she cannot switch employers on H1 transfer or to prevent her from getting GC, as she can easily get a much better job with a GC. So is an LCA required for filing her 485?

[Belle]

She just needs to show that she is in status.

[tusharvk]

Yes, she is getting paid more than the LCA amount. But I think the employer is withholding her LC A so that she cannot switch employers on H1 transfer or to prevent her from getting GC, as she can easily get a much better job with a GC. So is an LCA required for filing her 485?

how can lca allow h1b transfer? LCA will need to be filed again by the h1b transferring employer.

For GC, she has to prove she is in the country in status.

Is this speculation or the employer truly believes they can prevent someone from transferring or filing 485?

[murthybabu]

how can lca allow h1b transfer? LCA will need to be filed again by the h1b transferring employer.

For GC, she has to prove she is in the country in status.

Is this speculation or the employer truly believes they can prevent someone from transferring or filing 485?

I am speculating because, in my experience, my company's attorney wanted my previous LCAs to be submitted along with the documentation for H1 transfer.