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certified LCA received : can H1B still fail ?

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  • certified LCA received : can H1B still fail ?

    Hi,

    I have been working in the US for 4 years. I found a new company to work for and started the transfer of my Visa over there.
    The lawyer received the certified LCA today. I am willing to give notice to my current company next week.

    Can my H1b still be refused ? Should I wait more time before giving notice ?


    Thank you for reading and a HUGE THANK YOU if you have any answer on this.

  • #2
    Certified labor does not mean anything as far as H1b rejection is concerned. Your petition still can get refused for various reasons. If you are concerned and need to make sure you are absolutely fine, going with premium processing and obtaining an approval before giving notice is the suggested route.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      I have been working in the US for 4 years. I found a new company to work for and started the transfer of my Visa over there.
      The lawyer received the certified LCA today. I am willing to give notice to my current company next week.

      Can my H1b still be refused ? Should I wait more time before giving notice ?

      ---- There may not be any rejection of your H1 petition for transfer. However, thare can be some RFE's (although there may be no clue that an RFE is coming). Rather wait till the H1 is approved adn then give your notice. If your agreement (either written or unwritten) says that you can end your employment just by giving the notice, you can handover the notice on Friday and Join the new company by the following monday

      ---- I am suggesting this cautious route as we do not know what is going to happen with USCIS and you are one of the cases for thwm and nothing else

      ----- Hope that you receive your approval very soon and start at the new company asap

      Subramanya

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      • #4
        we are going with the premium processing. Hopefully we ll know quickly.

        Thank you for your answers !!

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