LCA required for H1-transfer

[youklis]

Hi Guys,

I'm thinking of transfering to another company. Does my new company has to file LCA again for me or my old LCA is fine ?

If they have to file new LCA, can do they along with applying for H1-transfer

or

do they have to wait till LCA gets approved and then file for H1-transfer ?

Please suggest me.

Thanks in Advance.

[JoeF]

A transfer is just a new H1 application. It of course requires a new LCA, which the new employer has to have in hand before filing the H1.

[kiran234]

I'm thinking of transfering to another company. Does my new company has to file LCA again for me or my old LCA is fine ?

Yes ...new company has to file LCA

If they have to file new LCA, can do they along with applying for H1-transfer

or

do they have to wait till LCA gets approved and then file for H1-transfer ?

How to Ensure USCIS Considers Your Petition Properly Filed

USCIS continues to accept H-1B petitions that are not subject to annual numerical limitations, (e.g. H-1B amended petitions, H-1B extensions for individuals who have already been counted against the cap within the last six years, etc.),

Please comply with the following to ensure that your petition is properly filed:

• Complete all sections of the Form I-129 petition, including the H Classification Supplement to Form I-129 (pages 11 and 12 of Form I-129) and the H-1B Data Collection and Filing Fee Exemption Supplement (pages 17 through 19). We accept Form I-129 with a revision date of November 23, 2010, or later.
  
• Original signatures, preferably in blue ink, are required on each form.
  
• Include a signed check or money order with the correct fee amount.
  
• Ensure that all required documentation and evidence is submitted with the petition at the time of filing to ensure timely processing.
  

Note: It is your responsibility to ensure that Form I-129 is completed accurately. Failure to complete Form I-129 with the correct information and provide the required fees or documentation may result in the rejection or denial of the H-1B petition.

Additionally, be sure to file the petition at the correct USCIS Service Center.

Additional Documents Required With Your Petition

Labor Condition Application (LCA)

You must submit a certified Department of Labor (DOL) LCA (Form ETA 9035) at the time of filing your petition. A copy of the LCA is acceptable.

Note: USCIS encourages petitioners to keep DOL LCA processing times in mind when preparing the H-1B petition and plan accordingly. If the LCA certified by DOL is for multiple positions, you must provide the name and USCIS case receipt number of any alien who has previously utilized the LCA.

Petitioners should ensure that they have signed the LCA prior to the LCA being submitted with the petition to USCIS.

Please see Department of Labor’s Office of Foreign Labor Certification website for further information on the LCA process.