H1-B Transfer to a new employer - Notice period


ashhokbl

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Hello,

I work for Employer - A and has H1-B [ with I-140 ] approved till 2023. I have an offer to join Employer-B within the same metro and they have applied for the transfer. This morning, they shared me an email with a Case Number 1-2XXX-XXXXX-XXXXXX with a message as below,

***************************

This is a confirmation email that the ETA Form 9035E- Labor Condition Application for Nonimmigrant Workers covering worker(s) for the position of XXXXXXXXX during the period of employment beginning Feb 15, 2021 through Feb 14, 2024 has been received and submitted for processing by the U.S. Department of Labor.

Important Notice: In accordance with Federal regulations at 20 C.F.R. 655.740(a), where all required items on the ETA Form 9035E have been completed and the form does not contain obvious inaccuracies, the Department is required to make a determination to certify or not certify the form within 7 working days of the date it is received by the Department [INA 212(t)(2)(C)]. If you have not received a final determination by email within 7 working days, you may check the status of your Labor Condition Application by logging onto your flag.dol.gov filing portal. You may also check the status of your application any time after by accessing your flag.dol.gov filing portal. If you cannot obtain the status of your LCA from the FLAG system, please contact the LCA Help Desk at LCA.Chicago@dol.gov.

**********************

I did not understand what it is, Does it mean that I can start serving my notice period with Employer - A after 7 days hoping the case gets approved ? Or , My employer - B has to apply H-1B and it will take another 2 weeks [ premium ] ?  

Appreciate if someone can educate me here.

Regards,

Ashoka

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Your first sentence:  "This is a confirmation email that the ETA Form 9035E- Labor Condition Application for Nonimmigrant Workers covering worker(s) for the position of XXXXXXXXX during the period of employment beginning Feb 15, 2021 through Feb 14, 2024 has been received and submitted for processing by the U.S. Department of Labor"

Based on this sentence, I think you can start working for employer B from Feb.15, 2021 onwards.

 

Lets see what other experts advise.

Edited by Zodiac System
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If you read can first paragraph it says.... Dept. of Labor received your LCA application and now they are processing it. 

2nd paragraph....first 3 lines are self explanatory, then check status after 7 days. 

Attorney of employer B knows what to expect next and what and when to file, generally future employee stays out of  process until employer notifies you of an approved transfer of h1b and then you can start onboarding process. 

Good luck.

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