Because you cannot submit a Labor Condition Application (LCA) earlier than six months prior to the beginning date of the period of intended employment (see 20 CFR § 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will have peace of mind knowing your client’s LCA is filed and certified well before April 1st. Please note, students wanting to benefit from cap gap legislation, must file with a start date of October 1st.
Example:
LCA start date: 9/1/17
LCA end date: 8/31/20
Form I-129 start date: 10/1/17
Form I-129 end date: 8/31/20
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays, which could prove to be detrimental to your client.