LCA validity for H1B - used for recapture time - Reuse after i140 approval?

USA
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Hi Anil,

I had filed for H1B extension in February 2020 to recapture vacation days and I got the extension till May 2020. During this time my company filed for LCA and I checked its valid till 2022.
Now when they file my 7th year extension based on my I140 will they need to file for LCA again or can they use the same LCA again, since there is no change in employment, LCA anything with me.

Thanks

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Hi @mp11ls

The existing LCA can be reused but the problem is that your H1B 3 year application will not be approved for more time than the end date mentioned on LCA.

So, most companies would file a new LCA if the last one was approved more than 6 months ago. This is done to make sure they get full 3 year H1B approval.

These days, getting a full 3 year term is more important as the filing costs are too high.

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Hi Anil,

The Latest Approved is from 12/16/2019 to 12/17/2022, off which I got recapture on H1B upto 2/5/2020. I hope they use this LCA, bcos it will save that 6 days time in filing for Ext, since I am running short of time with PERM delays and my max out is 02/05/2020.

Thanks again for your timely help. You are a savior for all of us Visa guys looking for an answer.

Mohan

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If I recollect correctly, if your I-140 is approved before your H1B approval, you can send the newly approved I-140 for full 3 yr extension… The LCA and H1B extensions should be filed in such a way that you are asking for a 3 yr extn (say you are full time) and provide the I-140 approval seeking validity for 3 yrs…

I was told this is possible by Fragomen. Just ensure H1B is not filed premium originally and this amended request can be sent to them as additional info. so that USCIS gives you a 3 yrs H1B. If H1B is approved before that you cannot use this option

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Thanks for your reply. I am waiting for PERM approval , which should come in a week or two. Now once that comes my company lawyers (E&Y) will file for I-140 in premium. My challenge is I am running short of time since my MAX out is 2nd May 2020. So I am trying to save any time that I could to avoid exit out of country. Hence I was asking if I could use my LCA from DEc 2019 which is valid until Decemeber 2020.