LCA

If LCA income and w2 income get vary, what employer has to explain in legal way.

W2 income cannot be less than the LCA income as far as we know. But please consult an attorney in this matter.

Thank you very much for answering. I have another question. Do I have to get the new LCA from the employer before I land in San Diego? How long does it take to get the new LCA?

You can get the new LCA transfer only after you have landed in the US.

I just happened to read the article on LCA posted on the Assureconsulting.com site. However, the writer has not mentioned the time the INS takes to process the LCA. Can one file the H-1B application immediately after one files the LCA? I would appreciate it if you could shed light on the issues.

There are basically two ways in which the LCA is processed. First, the employer can secure bulk LCA clearances based on past track records. Then, after the employee's educational evaluation, the application can be filed directly with the INS. If your employer, however, applies afresh for an LCA, the INS would take one to three weeks to grant approval.

Some friends have informed me that a job advertisement is also required for Labor Condition Application, others have told me that it is not necessary. What is the truth?

You have been misinformed. A job advertisement is not required for LCA. Only internal notices need to be posted by the employer. Additionally, within 24 hours of filing an LCA, the employer is required to maintain certain documentation within their own premises.

(Disclaimer: We claim no responsibility for the accuracy of the information. Application of the law can vary drastically according to the facts of a particular case, judge or State in USA. The FAQs are not meant to be specific legal advice. The answers must be viewed as general information and are no substitute for the services of a lawyer.)

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