Legal Question in Immigration Law in New York

Re: H1b query

The LCA needs to be certified prior to your submission of the H1B application. As the Department of Labor has recently revised the LCA submission process, instantaneous approval through online submissions should no longer be expected. Rather, the DOL has projected waits of up to 7 days for "clean cases." With this in mind, it is important to submit the LCA in advance of 7 days prior to the end of March. The quick answer for payment during OPT is that you don't need to paid during OPT as long as you are working at least 20 hours per week and the arrangement is not violating any labor laws. Applying for the H1B status is a complicated matter and I would highly suggest you retain an attorney. Even minor errors or the omission of vital information can be cause for a denial.

Re: H1b query

You should absolutely seek assistance from an attorney for your H-1B application. H-1B applications are time sensitive and often subject to a lottery. If something is done incorrectly, then you will not be eligible for the H-1B even if you file timely.

The LCA, forms and supporting documentation, and correct filing fees must be filed with the initial application. Again, I recommend that you seek the assistance of an immigration attorney prior to filing your application with USCIS.