H1B transfer question goverment shutdown :LCA pending

[H1BBHAS]

I have resigned from my current company and my last date here is 4th of October.
My LCA with new company has been filed on 19th September, and it was in pending status with DOL.Now with US gov Shutdown it is put on hold.
Without this LCA they can not proceed with my H1B filing. Hoping USCIS will allow to file without LCA temporarily.

1) Will I be out of status from 5th October, I am planning to wait here and see if everything goes fine sooner.
2) Shall I go back to India. Planning to be here for around a week to see if everything goes fine.
3) Will there be a problem in my Future Visa Transfer if I go back to India after a week(if nothing works).

I need urgent help. Please guide.

[arjunmv]

Lca

I'm not an attorney, but You have a few options to consider:
1. Since the government is shutdown, unless some miracle happens, your LCA application is in queue and will take atleast 7 days of processing after the operations are back up, that is under normal scenario where applications are not backed up.

2. In the past USCIS has accepted applications without LCA during shutdown, but this is not the case yet for this shutdown, you can check with an Immigration Attorney to see if any thing has opened up on this front

3. If you continue to be on your company's payroll even though you have resigned, you can still be considered legal, so if you are in good terms with your employer, you can request them to keep you on payroll till your H1 is transferred, in which case you will still be in legal status with your current employer. you can always try.

4. Although for short term you can opt to reconsider your resignation and stick to your present employer since your whole Visa, immigration and everything is at stake, if they are able to take you back, may b you should consider working for them for a while forgetting your new employer, relationship with whom you are yet to begin.

5. Always, talk to immigration Attorneys - Even if it costs you some money, this is the time you should be hitting them up. There is a law firm in dallas - Ahluwalia law and i've spoken to Pallavi, she is very good at this and will give you all the options to consider

6. You would want to do what is Legal and if that means going to India, you should do that considering the fact you have done everything to protect your legal status so far.

Good luck!
You will find a solution soon.

I have resigned from my current company and my last date here is 4th of October.
My LCA with new company has been filed on 19th September, and it was in pending status with DOL.Now with US gov Shutdown it is put on hold.
Without this LCA they can not proceed with my H1B filing. Hoping USCIS will allow to file without LCA temporarily.

1) Will I be out of status from 5th October, I am planning to wait here and see if everything goes fine sooner.
2) Shall I go back to India. Planning to be here for around a week to see if everything goes fine.
3) Will there be a problem in my Future Visa Transfer if I go back to India after a week(if nothing works).

I need urgent help. Please guide.

[leapfrog]

Hi H1BBHAS,

What are you going to do? I am in the same situation as you are in.
Did you leave US and are you back in India? Is your employer ready to wait for you?
I tried filing H1b without LCA but came back as incomplete application.

[finalonemail]

New company joining after -H1B transfer approved

My H1b transfer approved for new company x on 5th june.But the joining date with them was 15 th june. I worked till 8th june to my current company A..Is that fine or I was out of status since the payroll started for my new company is from 15 th june.
Can someone please clarify this-I really need help.

[h1btransfer1]

Hi leapfrog,
Sorry to hear that.
Did you file H1b petition without LCA ? or with a pending LCA and providing the email confirmation ?

[uday029]

Leapfrog,

Was your LCA pending or did you apply without LCA?

I am in a similar situation. My LCA is pending but the attorney sent the application without approval. Attorney was not sure if USCIS would accept the application. Hopefully they do, because my employer is not willing to wait any longer.

Thanks.

[leapfrog]

Leapfrog,

Was your LCA pending or did you apply without LCA?

I am in a similar situation. My LCA is pending but the attorney sent the application without approval. Attorney was not sure if USCIS would accept the application. Hopefully they do, because my employer is not willing to wait any longer.

Thanks.

My LCA was pending so even my application was sent without LCA approval. Sorry to tell you but my application was returned by USCIS if your application gets through you would be very lucky. Best of luck.

[anu4imm]

LCA withheld by old employer, how to do H1B transfer?

Hi,

I am currently working for employer 'A', I recently got a job offer from employer 'B'. Employer 'B' wants to file a H1B transfer and asked me to provide my H1B approval document and LCA. I only have my H1B approval document and recent pay stubs. My LCA is with my employer 'A'. If I ask my employer 'A' for my LCA he would know that I am leaving them for another company and would definitely revoke my H1B thereby jeopardizing my H1 transfer. Is there any way that I can do a H1 transfer with employer 'B' without providing them my LCA? Please advise!!