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Shutdown: LCA with DoL

Discussion in 'Employment verification issues' started by jvm123, Oct 14, 2013.

  1. jvm123

    jvm123 Junior Member

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    Hello Ron,
    Since DoL is not accepting LCA for H1 transfer due to shutdown, is there a possibility that LCA and I-129 both can be filed together when shutdown is over or I-129 can be filed while LCA is still pending? Per AILA USCIS did similar thing in the past, have they started similar thing during this shutdown already?

    Another question is regarding I-140 (after 6 years of H1): While joining new employer through H1 transfer, is it mandatory that new employer has to do I-140 at the earliest or multiple times H1 can be transferred based on original I-140 and I-140 can be done again when priority date gets Current with latest employer?

    Thanks much in advance.

    - Dmi
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, you have to wait until you can get a certified LCA. Most likely, the USCIS will allow late filings. They have already announced that they consider the shutdown an "extraordinary circumstance" for purposes of excusing late filings.

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