H1B transfer- DOL closed-what next?

[sadhanav]

Hi,

Am currently working for company A here in US.I got a job offer with company B with starting date as oct 28th. Company B has filed my LCA with the DOL on sept 30.But due to the government shutdown,DOL doesnot process the LCA.But now i got release from the current project.So i need to look for projects elsewhere in US till i get my H1B transfer done.

 

What is the possibility that H1B transfer will be done without LCA?Also any idea on when there will be an end to this shutdown.

 

Thanks,

Raj

[t75]

If you are still an employee of A, they are responsible for placing you on a project.

 

No one cam accurately state what will happen from day to day or when things will return to normal. The new employer's attorney can advise you of the current LCA requirements - whether they have been waived during the shutdown and the potential issues of working without it - or even if you new employer will go forward with the offer until things are back to normal.

[myself26]

I am in a similar position, stuck at LCA pending step for my H1B transfer, except I havent given a 2 weeks notice to my current Employer A.

But if my future Employer B decides to withdraw the filing, does anything change with my current valid H1B?

 

What are the options for Employer B to fsten the transfer procedure at this point?

Can Petition be filied with pending LCA?

[CastAway_2]

AILA is seeking guidance from USCIS - there were some latest updates on 10/11 - I am not a member, so cant read it.

 

http://www.aila.org/

[JoeF]

There most likely is no change.

If there were a change, lawyers would post it widely.

[ataneja]

Why http://www.lca.doleta.gov/ is still down?

[ataneja]

http://www.lca.doleta.gov/ and icert.doleta.gov both website still showing Government Shutdown message

[JoeF]

Why http://www.lca.doleta.gov/ is still down?

It probably takes some time to get all the systems up and running again. This not like just flipping a switch.

Starting a data center up takes time, as a sysadmin could tell you.

[myself26]

Can any attorney suggest if the website is up running or how long will it be affected still?

[bhalc]

Sadhanav any updates on your case??

[JoeF]

USCIS now has an advisory: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f37df5f081cc1410VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD

"If an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was due to the government shutdown, USCIS will consider the government shutdown as an extraordinary circumstance and excuse the late filing, if the petitioner meets all other applicable requirements."

[myself26]

Did anyone actually receive LCA certification after Govenment reopened last week?