Due to gov shutdown issue, can we file for h1b transfer without LCA

aremesh

By aremesh,
in H1B : General

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aremesh Member

aremesh

Posted
Posted

I work for company A and got the best offer to join in the compnay B. Now company B is going to file my h1b transfer on oct16th 2013. But they want me to join on oct21st 2013. All my background verificatios are done and everthing is good as of now. They said that, before joining the company everything will be completed.

 

My new employer said they need 10 days of posing time before we start processing on H1b transfer. But now due to gov shutdown issue, Depart of Labor wsa closed. So I won't get my LCA approved soon. Now they are saying that we can apply for transfer even without LCA as well.  - Is that true?

 

If that is true, then do we still need to wait till oct16 or they can file now itself, becuase there is no need LCA for filing and government is also shutdown its service.

 

Is there any processing delay in h1b transfer also due to the shutdown issue.

 

Still I didn't put paper in my current employer.

 

How do i tackle this situation.

 

Even if i join that company B then when will my company A will terminate my H1b visa.

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jairichi Advanced Member

jairichi

Posted
Posted

I work for company A and got the best offer to join in the compnay B. Now company B is going to file my h1b transfer on oct16th 2013. But they want me to join on oct21st 2013. All my background verificatios are done and everthing is good as of now. They said that, before joining the company everything will be completed.

 

My new employer said they need 10 days of posing time before we start processing on H1b transfer. But now due to gov shutdown issue, Depart of Labor wsa closed. So I won't get my LCA approved soon. Now they are saying that we can apply for transfer even without LCA as well.  - Is that true?

 

If that is true, then do we still need to wait till oct16 or they can file now itself, becuase there is no need LCA for filing and government is also shutdown its service.

 

Is there any processing delay in h1b transfer also due to the shutdown issue.

 

Still I didn't put paper in my current employer.

 

How do i tackle this situation.

 

Even if i join that company B then when will my company A will terminate my H1b visa.

By law your ex-employer has to revoke your H1B when you no longer work for them. But, it will not affect your future H1B petitions. Even though you can join new employer with receipt notice it is always advised to join after approval. You could request new employer to do PP.

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kalyandavuluri Newbie

kalyandavuluri

Posted
Posted

I am in a similar situation. My LCA was filed on 9/26 and has not been certified because of shutdown. Would USCIS consider the transfer filing with an un-certified LCA?

 

I already put my papers (I know!!!) My last day is 10/18 and current employer usually revokes current H1B after 3 weeks of last day, so around 11/5.

 

My new employer is filing a case with un-certified LCA with a covering letter this Monday (10/7). If we do not get a receipt by 10/25 (possibly because USCIS did not accept the application), can I file for another transfer with a certified LCA around 10/25 with the same employer and PO (we have a PO from an end client)?

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sandeep427 Newbie

sandeep427

Posted
Posted

Hello, 

 

Here we are concered by LCA, but I know that Most of the firms, (depending on the Big or small), they will have the Bulk approved LCA before inhand , and So, if your New Company has an Approved LCA, I dont think, it should be problem, please check with the new immigration Team accordingly.

 

I am not saying as confirmed but just give a try .

 

regards,

SandeepK

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jairichi Advanced Member

jairichi

Posted
Posted

Will my current employer terminate my h1b on my lastday itself? or will it take more time.

 

Because already visa processing itself is taking more time. if that is then i don't know how termination would be?

Unfortunately whether your current employer revokes your H1B or not from the day after the last day of work you are out of status. I would not worry too much as USCIS might be lenient due to shutdown.

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vinu199 Newbie

vinu199

Posted
Posted

At this point, the LCA is needed. There are efforts to get USCIS to accept H1 applications without the LCA, but that is not possible yet.

And due to the shutdown, LCAs are not processed.

Hi JoeF,

      Do you know if anything has changed? I mean if USCIS has started to accept H1 applications without the LCA. Please let me know. Thanks.

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RG123456 Newbie

RG123456

Posted
Posted

hi, I am in the same situation where new employer wants to file for a h1 transfer for me but since DOL is shutdown, new employer cannot get a LCA approved for my case. I called up the USCIS to see what their opinion is, and the USCIS customer service agent was direct wnough to tell me that DOL shutdown is not a USCIS concern and we will reject/deny all the H1B petitions that do not have a LCA approval. 

 

Does anyone know what to do in this situation? My last day of H1b with current employer is 17th Oct 2013 (next week).

 

Please advice. 

 

Thank You. 

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