H1B- Labor Certification - strange question

[mwj]

Hi,

I have a question regarding form ETA 9035. Maybe someone knows the answer.

Form ETA 9035 question regarding the date of employment: you are required to put the start date ==> so we put 10/01/2009 and we cannot go to the next page because the form ETA 9035E returns the following error when the "Begin Date" is entered as 10/01/2009 (i.e. issue date of H1-B):

"...cannot list a beginning date of need more than 183 days from today's date.

Pressing OK will result in a denied LCA"

Excuse me, but what is this? If this is true, then no one will receive LCA approval prior to the first day for H1B petitions (3/31/2009).

Is there something I'm missing here?

[mwj]

Hi,

I have a question regarding form ETA 9035. Maybe someone knows the answer.

Form ETA 9035 question regarding the date of employment: you are required to put the start date ==> so we put 10/01/2009 and we cannot go to the next page because the form ETA 9035E returns the following error when the "Begin Date" is entered as 10/01/2009 (i.e. issue date of H1-B):

"...cannot list a beginning date of need more than 183 days from today's date.

Pressing OK will result in a denied LCA"

Excuse me, but what is this? If this is true, then no one will receive LCA approval prior to the first day for H1B petitions (3/31/2009).

Is there something I'm missing here?

[ProudUSC]

Hi Mwj,

Please see below. Hope this helps. Good luck.

From: http://www.dol.gov/dol/allcfr/...655/20CFR655.730.htm


(b) Where and when is an LCA to be submitted? An LCA shall be submitted by the employer to ETA in accordance with the procedure prescribed in Sec. 655.720 no earlier than six months before the beginning date of the period of intended employment shown on the LCA. It is the employer's responsibility to ensure that a complete and accurate LCA is received by ETA. Incomplete or obviously inaccurate LCAs will not be certified by ETA. ETA will process all LCAs sequentially upon receipt regardless of the method used by the employer to submit the LCA (i.e., FAX, or U.S. Mail, or electronic submission, as prescribed in Sec. 655.720) and will make a determination to certify or not certify the LCA within seven working days of the date the LCA is received by ETA.

[mwj]

Thank you ProudUSC.

[ProudUSC]

You're welcome, MWJ. I guess there's no flexibility on the dates. Has to be exact, so to meet the requirements, try it again in a few or push the October start date out a few. Good luck.

[dev199108]

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