Can not file for LCA after resigning


Athenasam

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Notice period of my current employer ends on 31st oct which was decided during government shutdown and Current employer is not ready to extend it. I have a new employer who is ready for visa transfer as well. Now because of DOL shutdown, even if I have found a new employer, a new employer could not file LCA with DOL and ultimately H1B transfer.

DOL is not open yet. What are the options available?

Will it be a special case? Exception? My new employer can say we could not process LCA since DOL was closed hence could not process H1B transfer in time.

Will USCIS consider this application? Or I will be out of status on 31st october? And I have go back to india.

Please suggest.

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Notice period of my current employer ends on 31st oct which was decided during government shutdown and Current employer is not ready to extend it. I have a new employer who is ready for visa transfer as well. Now because of DOL shutdown, even if I have found a new employer, a new employer could not file LCA with DOL and ultimately H1B transfer.

DOL is not open yet. What are the options available?

Will it be a special case? Exception? My new employer can say we could not process LCA since DOL was closed hence could not process H1B transfer in time.

Will USCIS consider this application? Or I will be out of status on 31st october? And I have go back to india.

Please suggest.

DOL should begin to work as shutdown is over.

But, if it takes time to get LCA approved and to file a H1B cap exempt petition before 31st Oct 2013 either you can go back to your home country or apply for a COS to H4 (if your spouse is on H1B) or to B2 and withdraw it once H1B petition is filed.

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