H1 Petition Applied. Did not receive LCA Certification yet

[sagarmvr2003]

Hi Friends,

Please help me out. I have been on a H1B Visa in Company X since Jan 2011. I got a new job in December '11 and my new company Y initiated a visa transfer on Dec 17 '2011. Company Y told me that i can start working with them as soon as they sign and send the LCA to the USCIS which taked about 10 days. Therefore, I resigned my old job after my new company initiated my visa transfer. But as of now, company Y did not a receive a LCA yet. Is there something I can do to hep my company get the LCA faster? Do I need to talk to the company's immigration attorney?

-Sagar

[shervin143]

Your employment with Company Y is illegal. LCA is not filed with USCIS. LCA is filed with DOL. In order to file the H1B transfer, a copy of the approved LCA is required. In your case, since the LCA hasn't been approved yet, the H1B transfer has not be filed by your employer. You cannot work for an employer until you receive at least the receipt notice for the H1B transfer from USCIS.

[sagarmvr2003]

Shervin,

Thank you for the response. I was wrong when I said Company Y is expecting the certified LCA from the USCIS. It is actually from the DOL that they are expecting the LCA. And they are awaiting the LCA to initiate the H1B transfer with the USCIS. Since they filed for the LCA on the 17th of Dec, and its almost 4weeks since they applied, is there something I need to do for my company to the get the LCA faster?

-Sagar

[shervin143]

There is nothing you have to do from your end. The lawyers should follow up with DOL to find out the reason for the delay. The more it gets delayed, more illegal employment you will accumulate.

Shervin,

Thank you for the response. I was wrong when I said Company Y is expecting the certified LCA from the USCIS. It is actually from the DOL that they are expecting the LCA. And they are awaiting the LCA to initiate the H1B transfer with the USCIS. Since they filed for the LCA on the 17th of Dec, and its almost 4weeks since they applied, is there something I need to do for my company to the get the LCA faster?

-Sagar