H1B transfer and Government Shutdown

[sriramll]

All,

 

I accepted the offer in a new company just a day before the shutdown happened. Subsequently, I submitted all immigration related documents to the new company's attorney. But they are twiddling their thumbs because of the shutdown. 

 

My question is this, is LCA needed for applying for H1B transfer? Also since there is no end at sight for this shutdown I am worried about the company reneging its offer. What are my options?

 

Thanks.

[jairichi]

All,

 

I accepted the offer in a new company just a day before the shutdown happened. Subsequently, I submitted all immigration related documents to the new company's attorney. But they are twiddling their thumbs because of the shutdown. 

 

My question is this, is LCA needed for applying for H1B transfer? Also since there is no end at sight for this shutdown I am worried about the company reneging its offer. What are my options?

 

Thanks.

LCA is required. You just have to wait for shutdown to be over. If your new employer is not that understanding start looking for another one.

[Attorney_15]

An H-1B petition cannot be filed without an LCA, and USCIS has not made any accommodations since the government has been shut down.

[madhu418]

I recently about a special provision where USCIS will accept your petition but will give an RFE for LCA. conditions are that you applied for LCA and received a notice saything that DOL actually received your application and Seven days has elapsed and you did not hear anything from DOL about your LCA. I am not sure if USICS isssues a recipet because your application is incomplete if you file petition with out ceritifed LCA. (this part of petition incompletness is not discussed in the special provision from USCIS).

 

Not a legal advice, bu ask your attroney to contact ALIA and they can provide more details abut the provision.