H1B and LC Question

[kartik]

Hi,

I have got a new job with a small company. They have not done any H1B's till date. I have to transfer my H1B from current employer to new employer. They mentioned that they have heard some issues with H1-B transfers. I am not sure of any issues with the tranfer process. Can someone shed some light on this? Also, can i take a gap between 2 jobs? (provided I have received my receipt for H1B transfer).

Green Card question - The new job is in Louisville, KY where the LC, I140 and I485 processing is very slow. However, the company has branches in PA and MN. Would I be able to file my LC, I140 and I485 from these regions?

Last question - Does a company need any special approval for starting green card process?

thanks
Kartik

[kartik]

Hi,

I have got a new job with a small company. They have not done any H1B's till date. I have to transfer my H1B from current employer to new employer. They mentioned that they have heard some issues with H1-B transfers. I am not sure of any issues with the tranfer process. Can someone shed some light on this? Also, can i take a gap between 2 jobs? (provided I have received my receipt for H1B transfer).

Green Card question - The new job is in Louisville, KY where the LC, I140 and I485 processing is very slow. However, the company has branches in PA and MN. Would I be able to file my LC, I140 and I485 from these regions?

Last question - Does a company need any special approval for starting green card process?

thanks
Kartik

[NYCImmParalegal]

First of all, what do you mean by "taking a gap" between the two jobs? Remember that if you are in the U.S. and are not employed in H status, then you are out of status. There are no grace periods for H holders. I don't know of any issues related to H transfers. The cap does not apply, so that's definitely not an issue. Basically, you could use the portability provision which would allow you to work for the new employer using just the receipt notice of the filing of the new H petition to begin working. In other words, you would not have to wait until this new H petition is approved in order to work for the new employer.

As to the labor cert issue, the place where you file the LC is the place where you work, not where a branch is located. So, if you do 100% of your work in Ky. the labor cert will be filed there. Please also remember that soon new LC regulations will be implemented that will allow certain LCs to be processed in 90 days.

In addition, you mention the I-140 and I-485 processing. But first, before you can do those you have to go through the labor cert process.

Usually companies will wait about a year or two while you're in H status before beginning the labor cert process. Please also remember that the labor cert is the first step in the green card process. You have to have an approved labor cert in order to proceed with the I-140 and I-485. Usually, this stage is the longest and most difficult.

[kartik]

Hi NYCImmParalegal,

thanks a lot for your immediate response.