All of this can take anywhere from two weeks to three months. As stated above, no H-1B application, either for extension or for new petitions, can be filed with the INS until LCA approval or DOL receipt of the LCA is documented. The I-129 must be submitted in duplicate, with all attachments in duplicate. While the form and attachments for the second copy maybe photocopies, both copies of the application must bear original signatures from the employer. Photocopies may also be used as evidence of education or training.
Transcripts showing issuance of a degree are acceptable.
Persons with previous H-1 status should attach copies of prior approval notices. The I-94s are returned separately to the dependents. In our district, a response can be expected within three weeks. Occasionally an employer will be authorized to hire but the alien will be unable to change status and therefore may not work. Each H-1B application is valid only for the specific employment and employer described in the application.