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Govt shutdown, LCAs stopped, how can I file H1B transfer?


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#1 Kaals

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Posted 02 October 2013 - 12:13 PM

I am changing employers. Last date with current employer is 10/18. They will usually raise a revoke request immediately after that.

 

New employer filed for LCA last week (9/26), but it would have stopped because of govt shut down. 

 

1. Is there any option of filing for transfer, without an LCA? If yes, what could be the negative consequences by doing so during the processing?

2. Are there any other options?

 

Thanks for your time.



#2 omshiv

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Posted 02 October 2013 - 12:33 PM

Who said they stopped issuing LCA's because of Shutdown?



#3 s581

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Posted 02 October 2013 - 12:39 PM

I am changing employers. Last date with current employer is 10/18. They will usually raise a revoke request immediately after that.

 

New employer filed for LCA last week (9/26), but it would have stopped because of govt shut down. 

 

1. Is there any option of filing for transfer, without an LCA? If yes, what could be the negative consequences by doing so during the processing?

2. Are there any other options?

 

Thanks for your time.

 

I hope this  helps, this is from my lawyer

 

I am an H-1B employee and my status is expiring soon. My employer is planning to file for an extension for me. Will my extension be affected by the shutdown? 

Possibly. Though USCIS will continue to process extensions during the shutdown, your case could be delayed by the suspension of labor condition application (LCA) processing at the Department of Labor. A valid LCA certified by DOL is an essential part of any extension of H-1B, E-3 or H-1B1 nonimmigrant status, but DOL’s LCA operations will be suspended during the shutdown. 

If your employer does not have a valid, certified LCA in place for your position and work location, your extension could be delayed. In the past, USCIS has relaxed its rules and accepted H-1B filings without certified LCAs when DOL operations have been suspended or delayed, but it has not yet announced whether it will do so during the present shutdown. 



#4 rahul412

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Posted 02 October 2013 - 12:42 PM

I am changing employers. Last date with current employer is 10/18. They will usually raise a revoke request immediately after that.

 

New employer filed for LCA last week (9/26), but it would have stopped because of govt shut down. 

 

1. Is there any option of filing for transfer, without an LCA? If yes, what could be the negative consequences by doing so during the processing?

2. Are there any other options?

 

Thanks for your time.

DOL is not processing LCA's that's what I heard. This means your application will be under pending status, and I guess you can work while your H1 is under process. But not sure how things work during the shutdown.



#5 Kaals

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Posted 02 October 2013 - 12:56 PM

It is there on Murthy's news that Department of Labor stops working on LCAs during a shutdown, as they are govt funded and not running on fees from customers.



#6 jairichi

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Posted 02 October 2013 - 01:14 PM

I hope this  helps, this is from my lawyer

 

I am an H-1B employee and my status is expiring soon. My employer is planning to file for an extension for me. Will my extension be affected by the shutdown? 

Possibly. Though USCIS will continue to process extensions during the shutdown, your case could be delayed by the suspension of labor condition application (LCA) processing at the Department of Labor. A valid LCA certified by DOL is an essential part of any extension of H-1B, E-3 or H-1B1 nonimmigrant status, but DOL’s LCA operations will be suspended during the shutdown. 

If your employer does not have a valid, certified LCA in place for your position and work location, your extension could be delayed. In the past, USCIS has relaxed its rules and accepted H-1B filings without certified LCAs when DOL operations have been suspended or delayed, but it has not yet announced whether it will do so during the present shutdown. 

It says a delay but not stoppage. You need to wait for any communication from USCIS regarding this issue.



#7 Kaals

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Posted 02 October 2013 - 01:34 PM

The icert portal which is used to file and view updates on LCAs and PERMs is down (http://icert.doleta.gov/). So, the might have stopped all operations. 



#8 JoeF

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Posted 02 October 2013 - 02:18 PM

It says a delay but not stoppage. You need to wait for any communication from USCIS regarding this issue.

LA is not from USCIS, it is from DOL. And they have shut down.

http://www.foreignla...ert.doleta.gov/

OFLC functions are not "excepted" from a shutdown and its employees would be placed in furlough status should a lapse in appropriated funds occur. Consequently, in the event of a government shutdown, OFLC will neither accept nor process any applications or related materials (such as audit responses) it receives, including Labor Condition Applications, Applications for Prevailing Wage Determination, Applications for Temporary Employment Certification, or Applications for Permanent Employment Certification. OFLC's web site, including the iCERT Visa Portal System, would become static and unable to process any requests or allow authorized users to access their online accounts.


#9 jairichi

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Posted 02 October 2013 - 02:43 PM

LA is not from USCIS, it is from DOL. And they have shut down.

http://www.foreignla...ert.doleta.gov/

Thanks JoeF.



#10 JoeF

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Posted 02 October 2013 - 02:53 PM

LA is not from USCIS, it is from DOL. And they have shut down.

http://www.foreignla...ert.doleta.gov/

I of course meant "LCA" is from DOL.



#11 rv2

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Posted 06 October 2013 - 06:33 AM

Kalyan D,

 

I am in exactly the same position as you. Just had my LCA filed before the shutdown, but not certified yet and waiting. Do you have any further updates from your end?

 

Thanks!



#12 vinu199

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Posted 07 October 2013 - 03:17 PM

Hi,

  I am also in the same situation. Kindly let me know if you made any progress on your case. Thanks.



#13 pasan85

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Posted 28 October 2013 - 01:26 PM

Any one got the Certified LCA Approval after government reopen? Mine was applied on 09/26/13, still waiting for approval.

 

Would appreacite if any one post the experiences..!




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