Has the H1 applicn process changed

[Member08]

Dear Folks,
I am moving from Company A to Company B & therefore needs an H1 transfer beyond 6 yrs. Company B is working on the transfer but it is taking way too long than usual to even apply for the transfer.

Company B' s law firm informed me that it'll take them 3-4 weeks for case preparation before they can even apply for the transfer in Premium! And this is after I've provided all the paperwork!! Then I was told that now LCA has to be approved by the DOL first & only then can they apply for H1 extension with USCIS. Is this true? On top of this, they did a conference call with me involving company B's HR rep, recruiter to talk about the risk in transfering based on I-140 approval.

The risk being - revoking of I-140 by company A after transfer, restarting the PERM process with company B & finding a qualified candidate during this process which would jeopardize my stay in US. They wanted to check if I am comfortable to take these risks, Although, I am aware of these risks, never before I've had such an experience while changing jobs. Is this strange? Apparently, this is a very large law firm.

I have passed the 6 yrs mark couple of years ago & this extension will be based on approved I-140 from Company A. Does this make the situation more complex?

I am trying to understand whether all of this is within "usual" practice or is there something unusual about the whole process this time around.

Your inputs/comments are really appreciated.

thanks much

[kabkaba]

Dear Folks,
I am moving from Company A to Company B & therefore needs an H1 transfer beyond 6 yrs. Company B is working on the transfer but it is taking way too long than usual to even apply for the transfer.

Company B' s law firm informed me that it'll take them 3-4 weeks for case preparation before they can even apply for the transfer in Premium! And this is after I've provided all the paperwork!! Then I was told that now LCA has to be approved by the DOL first & only then can they apply for H1 extension with USCIS. Is this true? On top of this, they did a conference call with me involving company B's HR rep, recruiter to talk about the risk in transfering based on I-140 approval.
Yes, LCA is necessary for filing H1 petition. Nothing new there.


The risk being - revoking of I-140 by company A after transfer, restarting the PERM process with company B & finding a qualified candidate during this process which would jeopardize my stay in US. They wanted to check if I am comfortable to take these risks, Although, I am aware of these risks, never before I've had such an experience while changing jobs. Is this strange? Apparently, this is a very large law firm.

That is so good of them to inform you of the risks.

I have passed the 6 yrs mark couple of years ago & this extension will be based on approved I-140 from Company A. Does this make the situation more complex?

Of course it does. The entire beyond 6 years extension is based on your previous employer's I-140. If they revoke it, new employer's H1 petition may not get approved.

I am trying to understand whether all of this is within "usual" practice or is there something unusual about the whole process this time around.

Your inputs/comments are really appreciated.

thanks much

See above.

[Member08]

Thank you Kabkaba for your response.

I did know that LCA is necessary for H1 filing but I thought they used to be filed together previously correct? In this instance the LCA approval itself is taking ~ 1 month & seems like only then the H1 papers will be filed. That's why I was wondering whether the process has changed.

thanks much

[shervin143]

I did know that LCA is necessary for H1 filing but I thought they used to be filed together previously correct?
>>> No. H1B petition cannot be filed without a copy of the LCA. LCA is filed with DOS and H1B petition is filed with USCIS.

In this instance the LCA approval itself is taking ~ 1 month & seems like only then the H1 papers will be filed. That's why I was wondering whether the process has changed.
>>> LCA will not take more than 10 days. It has been like this for as long as I know and there is no change in the process.