Often, employees can continue working while the LCA is pending. This type of work authorization requires that you have all necessary documents related to the job. The documents need to show that the prevailing wage is being met, the position is a specialty occupation, and the assigned work covers the duration of the visa.
Once the H-1B petition is filed, the selection process can take anywhere from four to six months, depending on whether the petitioner is subject to the cap or not. Cap-subject H-1B visa petitions have to be filed in the first five days of April to compete for the 65, available visas. Once USCIS fills the 65, cap-subject slots, another 20, visa petitions are selected in a lottery designated for the graduates of U.
The selection period often lasts through the middle of summer. We have even seen notice of selection received after the October 1st start date. Share 0. Tweet 0. Pin 0. How quickly the employer and candidate can provide initial required documents and information to WSM, and return forms requiring signature. Approvals are currently taking more than 6 months. Should the candidate give notice when she accepts our offer?
What are the chances that our H-1B transfer request will be denied? News Alert Signup. Permanent Resident Status and U. The PAF must be maintained and be available for public inspection for at least one year beyond the dates of the employment on the LCA or for one year from the withdrawal of the LCA.
Combining our legal knowledge with extensive experience representing companies undergoing DOL investigations, VisaPro provides clients with the tools necessary to run a successful H1B process. If have questions regarding Labor Condition Application, or would like to discuss compliance issues specific to your company, schedule a FREE Consultation. Our experienced immigration attorneys will be happy to guide you. Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro.
They were very helpful in all phases of the H-1B visa process and they got it right the first time. I have tried other Visa services, but VisaPro is the best by far.
VisaPro is the only way to go! The LCA can be updated in weeks. Its H-1 amendment that would take time. You should be travel to US using current petition and amendment receipt. Talk to your attorney about it. Were you able to travel , As i am also facing same issue , need to travel to different city and LCA will take time.
For example, an employer files an LCA for 10 candidates for the role of business analyst. Of those 10 candidates, 5 get approved for an H1B. I got selected in the H1B lottery for I have still yet to go for my visa stamping. Now I have got an additional 12 months of experience so wanted the company to increase my salary.
My question is can the company increase my wage before the visa stamping with the current LCA form. Your company can pay you more than what is shown in LCA without any problem. It is usual case. I did my H1B visa process through one of consultancy by paying cost of it.
Additionally, I have to pay stamping, travelling and initial accommodation cost. The consultant will start paying me when I am chargeable after one or 2 months of arrival in US. At the other end, my current employer is ready to tranfer my H1b and will pay entire cost of tranfer, travel of my family, initual accommodation of 15days everything as its a MNC firm. Could u pls help me out from this. Whether should I breach the term and join my current employer in US.
You have paid the money all along. In addition, they are on the wrong side of law as they were supposed to pay for the petition fees. IMO, you can join the current employer and once their petition is approved, travel to US to work for them.
I am on H1B in US. That H1B was approved. Now, I asked my employer to file an amendment right away and I will work from location YYYY Employer location until that amendment is approved. But they are denying me to provide that and asking me to spend out of my pocket as it is my visa which is impacted and nothing on them.
I am under immense stress and cannot concentrate on anything. Please help! Well it impacts both employee and employer. The employer is on the hook to ensure that correct location is mentioned in the LCA and not the employee.
Ask them to file amendment ASAP and then start working from current location as soon as you receive the receipt notice. If the client is ok to work remotely, then work from YYYY until amendment receipt is received.
Is it possible to apply for LCA, after the lottery results? Or is there any defined timeline other than in early march due to system overload issues?
LCA can be applied anytime. However, if is to be used for a cap-subject petition, then that cannot be done as cap is over for this fiscal year. I would like to know if employ signed offer letter is mandatory to file LCA. That is not a requirement.
So it is filed as a generic and the corresponding I petition would contain all the employee details. Hi my employer did no share any LCA with me, neither did I sign. Now that we know they closed the petitions time, can someone explain the deadline?
There will be a lottery, but they dont know when. Worst nightmare! It would be an issue then. I has to be filed for the location mentioned in LCA. If the LCA has incorrect location, then H-1 petition may not get approved as your documents will point to a different location. Is it going to be an issue? Hi, I think tomorrow 7th April is last day to receive the applications.
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