Pre-approved LCA a thing of the past?

[off_bias]

Hi folks,

 

Just got an offer with cap-exempt H-1B. Employer is stating that it will take 16 weeks to start date, even with premium processing. My calculation is thus:

 

posting LCA - 10 days ~ 2 wk

DOL approval - 1 wk

making petition - 1 wk

filing and decision - 2 wk

consular stuff - 4 wks

misc HR - 2 wk

TOTAL - 12 wk

 

Is this because of wage determination? Can they not used DOL approved LCA for that job title and description to file the petition right away without wage determination?

 

 

[jairichi]

Using old LCA no longer works. Your employer is just exaggerating. It will take less than 4 to 6 weeks if everything is prepared and filed properly in PP.

[off_bias]

Using old LCA no longer works. Your employer is just exaggerating. It will take less than 4 to 6 weeks if everything is prepared and filed properly in PP.

 

Thank you jairichi. That's excluding visa stamping right?

 

So how long does wage determination and getting new LCA take? 1 week?

[jairichi]

Thank you jairichi. That's excluding visa stamping right?

 

So how long does wage determination and getting new LCA take? 1 week?

A week to two max.

[Attorney_15]

The LCA has to be posted for 10 days starting on the day of filing or within 30 days before the LCA is filed. The employer does not have to wait for the 10 days to be completed to submit the LCA. If the employer posts the LCA in the morning, they can submit the LCA in the afternoon.

 

The petition and other documents can be prepared while waiting for the LCA to be certified so that once it is certified the case can be filed.

 

This has nothing to do with getting a Prevailing Wage Determination, which is currently taking about 2-3 months. You might want to talk with the employer or their lawyer to understand better the situation and timeline.