In an effort to deal with the many problems being encountered by the new icert Department of Labor LCA portal, including a delay in processing of the LCAs, the USCIS has announced for a period of 120 days it will temporarily accept H-1B petitions filed without a certified LCA. This 120 day period commenced November 5, 2009 and will end March 4, 2010. The USCIS will only accept H-1B petitions without certified LCAs if they are filed at least 7 calendar days after the LCA was filed with the DOL and only if evidence of this filing is included in the petition. These cases will later be issued an RFE requesting that the certified LCA be submitted within 30 days. Only H-1B petitions containing a certified LCA will be approved.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c47509d007ed4210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD