LCA posting before H-1B filing


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I'm currently employed on H-1B visa and have got a new job offer from a different city where the employer is planning to file an H-1B for me. The new employer told me that they had posted an LCA at their work location and would need to wait for 10 business days before they can file my H-1B. Is there such a requirement where they have to wait for 10 days after filing LCA to apply for H-1B? Is LCA approval not enough to apply for H-1B? I don't remember my current employer doing that. I would like to move to the new location sooner for personal reasons but can't resign from my current job before the new H-1B is filed and hence the question. Would appreciate your input!

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hi Indori, please see here


"There is a notice requirement. The employer must inform U.S. workers of the intent to hire a foreign worker by providing notice of the filing of the LCA to the bargaining representative if there is one, or, if there is no bargaining representative, by posting notice of filing in two conspicuous locations at the employer’s establishments, or by providing electronic notice (see below).  The notice must be provided on or within the 30-day period before the date that the labor condition application is submitted to DOL.  The notice must:"

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Thanks for the link! 


The DOL rule only says that the LCA notice needs to be posted for 10 consecutive days at the work location. The employer is saying they will file H-1B only after the LCA notice has been posted for 10 business days even if the LCA is approved before that. I don't see any such requirement in the DOL guideline that the employer has to wait for 10 days before filing H-1B. My understanding was that you could file for H-1B as soon as the LCA was approved. Let me know if I am missing something.

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  • 4 months later...

Hello Indori and Disha,


Sorry to interrupt here but I'm in the same situation. Actually, I'm a little confused and would truly appreciate some advice.


I have a current H1B (on my 3rd year) and am planning to switch employers. The new employer told me that they have to advertise for 10 days before filing the LCA... Is this true? Or did they mean that the LCA has to be posted for 10 days? 


What exactly is it that they must post, and must this item be posted for 10 days before LCA can be filed electronically through icert?


Thank you very much in advance for your help. I really appreciate it.



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