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H1/H4 Transfers during US Shutdown

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  • H1/H4 Transfers during US Shutdown

    Hello there,


    I have my H1B valid till 17Nov13 but unfortunately i was in the list of mass layoff which happend recently. I want to know what options do I have during the US Shutdown.

    To just give you a little more info,

    I am on my 5th year of H1B and have a Approved I140 from the company I worked till recently.

    I want to know if I have time only till 17Nov13 to find a new employer for H1 transfer or can this be extended.

    Also, I wanted to know how does the US shutdown affect the H1 transfers or H4 Transfers (in case i cannot find a new employer)

    Can I still file for the H1B and get a receipt and start working, or even getting a receipt would not be possible during US shutdown ?



    Thank you
    P

  • #2
    Any transfer or change of status must be filed before your last day of work.

    USCIS is not affected by the shutdown. But DOL is affected and filing LCA is not possible. Since LCA is required for filing H1 petition, that has also become impossible.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      Any transfer or change of status must be filed before your last day of work.

      USCIS is not affected by the shutdown. But DOL is affected and filing LCA is not possible. Since LCA is required for filing H1 petition, that has also become impossible.


      Thanks for your reply !!

      Does this mean H4 filings will also be affected due to US shutdown ?

      Comment


      • #4
        If you mean change of status to H4, it will not be affected. It does not require LCA. But it must be filed before your last day at work.
        This is my opinion and not legal advice.

        Comment

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