How government shutdown will effect Labor certification?

vsreedhar21

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vsreedhar21 Newbie

vsreedhar21

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I am concerned about my wife's status as her current employer is planning for lay offs... (not sure when but sure) we are trying to be change her employer... but currently due to government shut down... DOL does not perform its functions... if some thing goes wrong and the company lay offs... during this shutdown... will she go out of status?

 

Even we were able to find a new employer... they can't file for LCA to file for her H1B (transfer)

 

Even if I want to change her status to H4 also... do I need to go with USCIS or DOL comes in to picture?

 

If I change her status to H4... can she change to H1 again with out having to wait until next year quota?

 

Thanks for any hopeful information.

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rahul412 Advanced Member

rahul412

Posted
Posted

I am concerned about my wife's status as her current employer is planning for lay offs... (not sure when but sure) we are trying to be change her employer... but currently due to government shut down... DOL does not perform its functions... if some thing goes wrong and the company lay offs... during this shutdown... will she go out of status?

 

Even we were able to find a new employer... they can't file for LCA to file for her H1B (transfer)

 

Even if I want to change her status to H4 also... do I need to go with USCIS or DOL comes in to picture?

 

If I change her status to H4... can she change to H1 again with out having to wait until next year quota?

 

Thanks for any hopeful information.

Oh god, this shutdown is really creating lot of issues. What I heard is that DOL is closing but USCIS is not.

 

Once your wife's H1 is approved she will be cap exempt next time.

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JoeF Advanced Member

JoeF

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Oh god, this shutdown is really creating lot of issues. What I heard is that DOL is closing but USCIS is not.

 

Once your wife's H1 is approved she will be cap exempt next time.

USCIS operates for at least some part from the fees, so it would certainly be affected less.

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CastAway_2 Member

CastAway_2

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certainly a rumor at this point, although it has happened before when iCERT had technical glitches. look http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bf296bc8a6f65210VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD

 

This is very unfair for those are affected - govt employees, immigrants etc with no their fault. My lawyer told me that could be a possibility too - but at this point there is no sign of this.

 

Good luck

 

J

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CastAway_2 Member

CastAway_2

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Looks like some efforts are underway

 

see this from AILA

 

10/2/2013 - AILA Seeks Answers on H-1B Filings during Government Shutdown  
Due to concerns as to how the shutdown of DOL operations will impact the ability of employers to timely file H-1Bs and for individuals to maintain lawful status, AILA has asked USCIS if it will accept H-1B petitions without a certified LCA. Watch InfoNet for updates.

 

J

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JoeF Advanced Member

JoeF

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Looks like some efforts are underway

 

see this from AILA

 

10/2/2013 - AILA Seeks Answers on H-1B Filings during Government Shutdown  

Due to concerns as to how the shutdown of DOL operations will impact the ability of employers to timely file H-1Bs and for individuals to maintain lawful status, AILA has asked USCIS if it will accept H-1B petitions without a certified LCA. Watch InfoNet for updates.

 

J

AILA is pushing for that, but at this point, the LCA has to be there to fil an H1.

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vsreedhar21 Newbie

vsreedhar21

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Looks like some efforts are underway

 

see this from AILA

 

10/2/2013 - AILA Seeks Answers on H-1B Filings during Government Shutdown  

Due to concerns as to how the shutdown of DOL operations will impact the ability of employers to timely file H-1Bs and for individuals to maintain lawful status, AILA has asked USCIS if it will accept H-1B petitions without a certified LCA. Watch InfoNet for updates.

 

J

 

Thanks. This sounds optimistic. Would you mind to post the information directly instead of URL... Looks like it is member only access page and the membership is not open.

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CastAway_2 Member

CastAway_2

Posted
Posted

10/8/2013 - Handling Cases That Are Impacted by the DOL Shutdown
AILA has contacted USCIS and DOL in an effort to obtain information as to how members should proceed with cases that are impacted by the DOL shutdown. While AILA continues to press for answers, in the absence of official guidance from the agencies, members may consider the following approaches.

 

http://www.aila.org/content/default.aspx?docid=12666&RedirectURL=%2fcontent%2fdefault.aspx%3fdocid%3d46062

 

I cant open it.

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CastAway_2 Member

CastAway_2

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This is what they suggested on 10/09

 

• LCA Not Filed: If an H-1B petition must be filed and you have not yet filed the LCA with the DOL, consider filing the LCA by mail, with a request that the OFLC Administrator exercise discretion to allow for paper filing. According to a DOL FAQ, an employer who lacks Internet access and cannot electronically file an LCA may “petition” the Administrator for permission to file by mail. While the FAQ states that the OFLC Administrator must approve the request before the employer submits by mail, under the circumstances, a concurrent request for paper filing and the LCA itself may be warranted. File the LCA using the same tracked delivery method mentioned above, and then submit proof of that attempted LCA filing with the I-129. Similarly, the I-129 should be filed using a tracked delivery method. Again, note that USCIS has not stated that it will accept the filing of an H-1B petition without a certified LCA.

 

“• LCA Filed But Not Approved: If you have an H-1B petition that must be filed because an individual’s status is about to expire, consider filing the petition with a copy of the Labor Condition Application (LCA) submitted through iCERT. This would assume the LCA was saved prior to the shutdown. Be sure to include a cover letter, requesting in bold that they not reject the H-1B petition. Also consider including a print-out from DOL’s website reflecting inaccessibility of the iCERT system due to the government shutdown. The print-out should include the date and the banner line. Filing the H-1B extension using a tracked delivery method (e.g., U.S. Postal Service express or certified mail, FedEx, or UPS) will provide a postmark or other evidence of timely filing. Note that USCIS has not stated that it will accept the filing of an H-1B petition without a certified LCA, thus, it may also be necessary to re-file the H-1B petition on a nunc pro tunc basis when the government reopens.

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