RFE received for LCA after 5 months

[koko510]

I am on working on OPT and my employer filed H1B in April 2013. After 5 months, I got an RFE last week from USCIS for LCA. USCIS has mentioned that “My LCA has not been endorsed by DOL showing validity dates of employment. Submit an endorsed certification from DOL, showing that the LCA has been filed properly. LCA must be certified prior to the filing of the Form I-129.” My employer told me that DOL forgot to sign my LCA and by mistake they submitted it without checking. I am not sure they are telling me the truth or not. So I asked them was LCA really approved? They replied that if LCA was denied then USCIS will reject the application instead of sending RFE. Is this true?And if employer is right then what can we do now? How to respond this RFE to USCIS? Can we ask DOL to correct LCA?

 

Is this NOT DOL mistake also so they can correct it and we can re-submit LCA to USCIS. Do USCIS will accept it as it's re-certified after H1B filing date? What can be the option and how to respond the USCIS so I can get H1B approval? I really appreciate if some one help me here. Thanks.

[JoeF]

Your employer needs to handle that. You need to stay completely out of it.

[rahul412]

 How to respond this RFE to USCIS? Can we ask DOL to correct LCA?

You can't do anything here, that's completely your employer's job and moreover this RFE is no way related to you.

[koko510]

I understand that I can't do anything here and my employer need to handle this. But I just want to know did my LCA was approve or not and it's really missing DOL signature? Or my employer is just making a story and they made a big mistake? Should I ask my employer a copy of LCA which they filed to USCIS?

[rahul412]

I understand that I can't do anything here and my employer need to handle this. But I just want to know did my LCA was approve or not and it's really missing DOL signature? Or my employer is just making a story and they made a big mistake? Should I ask my employer a copy of LCA which they filed to USCIS?

Of course you can ask your employer for LCA.

[Attorney_15]

For a brief period, there was a technical problem with iCert and so when an LCA was certified, it was completely blank. However, that error has been fixed and any LCA that was certified now shows up in the iCert system with all the information. If a particular LCA is subject to a technical error, the LCA shows that it has been certified by the case number which starts with an I instead of a T. A cap-subject H1B petition can provide work authorization to someone with OPT under the cap-gap rules. However, that work authorization does not continue if the petition is denied. For specific legal advice on how one might be affected by problems with a Petitioner's H-1B petition, one should consult with an attorney.