Can I apply H-1B with LCA applied copy and the receipt of it


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My employer filed my LCA on March 18th 2014 and he is confident that LCA will be approved before 28th of this month despite the fact that these take about 10-15 days. However, when asked the attorney about delay in LCA approval, how is he going to proceed with my application, he replied that if my LCA doesn't come back on time before I send my H-1B application package, the attorney is going to use LCA applied copy and the receipt of it when sending my H-1B application. Will USCIS entertain such applications? Please advise.

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My employer filed my LCA on March 18th 2014 and he is confident that LCA will be approved before 28th of this month despite the fact that these take about 10-15 days. However, when asked the attorney about delay in LCA approval, how is he going to proceed with my application, he replied that if my LCA doesn't come back on time before I send my H-1B application package, the attorney is going to use LCA applied copy and the receipt of it when sending my H-1B application. Will USCIS entertain such applications? Please advise.

I doubt that one can file a H1B petition without LCA. Wait for others opinion.

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I believe, you mean not even with the receipt and applied copy of LCA. It should be only an "Approved" LCA to apply H-1B?

That is what I have heard from attorney who filed my H1B. Or I have heard it wrong. 

You would need an approved LCA to file a H1B petition. 

Hope some members will provide you their opinion.

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That is what I have heard from attorney who filed my H1B. Or I have heard it wrong. 

You would need an approved LCA to file a H1B petition. 

Hope some members will provide you their opinion.

If I remember right, this has been possible at some point in the past, when the government was shut down. Not sure if it is possible currently.

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If I remember right, this has been possible at some point in the past, when the government was shut down. Not sure if it is possible currently.

I agree with you JoeF. That is my understanding too. Unless a announcement is made by relevant authority there is no such excuse to file a H1B petition without LCA expecting the petition to be considered.

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