vsreedhar21 Posted October 1, 2013 Report Share Posted October 1, 2013 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. Link to comment
rahul412 Posted October 1, 2013 Report Share Posted October 1, 2013 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. Link to comment
JoeF Posted October 2, 2013 Report Share Posted October 2, 2013 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. Link to comment
omshiv Posted October 2, 2013 Report Share Posted October 2, 2013 They only read telegu news on their laptops..not the local news thats why they are curious. Link to comment
vsreedhar21 Posted October 2, 2013 Author Report Share Posted October 2, 2013 Heard that USCIS will make an announcement that LCA is not needed for H1B transfers or applications during this DOL shut down. That will be a great relief if that is valid news Link to comment
rahul412 Posted October 2, 2013 Report Share Posted October 2, 2013 Heard that USCIS will make an announcement that LCA is not needed for H1B transfers or applications during this DOL shut down. That will be a great relief if that is valid news Do you have proof?? Link to comment
rahul412 Posted October 2, 2013 Report Share Posted October 2, 2013 They only read telegu news on their laptops..not the local news thats why they are curious. How do you know that??Do you do the same?? Link to comment
vsreedhar21 Posted October 2, 2013 Author Report Share Posted October 2, 2013 I said I head that. I cant provide any verbal proofs. If something works out... will keep posted. Link to comment
rahul412 Posted October 2, 2013 Report Share Posted October 2, 2013 I said I head that. I cant provide any verbal proofs. If something works out... will keep posted. w.r.t immigration, don't listen to rumors. If you can't fix it then take legal advice. Link to comment
t75 Posted October 2, 2013 Report Share Posted October 2, 2013 OP, Why are YOU involved with HER career? Link to comment
CastAway_2 Posted October 3, 2013 Report Share Posted October 3, 2013 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 Link to comment
CastAway_2 Posted October 3, 2013 Report Share Posted October 3, 2013 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 Link to comment
vsreedhar21 Posted October 3, 2013 Author Report Share Posted October 3, 2013 because it is OUR life Link to comment
rahul412 Posted October 3, 2013 Report Share Posted October 3, 2013 OP, Why are YOU involved with HER career? Because she is his wife. He has to take care of her if something goes wrong with her immigration. Link to comment
JoeF Posted October 3, 2013 Report Share Posted October 3, 2013 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. Link to comment
vsreedhar21 Posted October 3, 2013 Author Report Share Posted October 3, 2013 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. Link to comment
CastAway_2 Posted October 10, 2013 Report Share Posted October 10, 2013 10/8/2013 - Handling Cases That Are Impacted by the DOL ShutdownAILA 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. Link to comment
Arjuns Posted October 10, 2013 Report Share Posted October 10, 2013 It is a member restricted area. Can anyone post more on this issue? Link to comment
CastAway_2 Posted October 14, 2013 Report Share Posted October 14, 2013 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. Link to comment
CastAway_2 Posted October 14, 2013 Report Share Posted October 14, 2013 And there were some updates on that on 10/11 - again I cant open it. http://www.aila.org/content/default.aspx?docid=12666&RedirectURL=%2fcontent%2fdefault.aspx%3fdocid%3d46001 This is very frustrating.... J Link to comment
CastAway_2 Posted October 17, 2013 Report Share Posted October 17, 2013 iCERT portal doesnt show the "shutdown" banner as I write 11:40PM PST. Looks like the DOL server is booting - wish you all a good luck in your pending/new LCAs. Link to comment
ataneja Posted October 17, 2013 Report Share Posted October 17, 2013 Why http://www.lca.doleta.gov/ is still down? Link to comment
ataneja Posted October 17, 2013 Report Share Posted October 17, 2013 http://www.lca.doleta.gov/ and icert.doleta.gov both website still showing Government Shutdown message Link to comment
Attorney_15 Posted October 17, 2013 Report Share Posted October 17, 2013 Just like everything did not completely shut down right away, getting things up and running might take a day or two. Link to comment
thums123 Posted October 17, 2013 Report Share Posted October 17, 2013 Any update on if DOL is giving concession for Employers with PWD/AD expiry during shutdown and inability to file the same? Link to comment
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