H1-B Transfer and expiry

[admchaitu]

Hi All,
Can you please take a minute and provide your I/P for my friend?

1. H1 getting expired end of this month, that is 09/30
2. 6 weeks back, He has got a project thru a medium consulting company, They agreed to transfer H1. They filed for LCA
3. Meanwhile Position went to hold, They are saying that LCA will be approved by 28th.

1. Do we need LCA approval for H1 Transfer?
2. Can he apply for his H1 Transfer after expiry of his current H1?

[txh1b]

It is not clear as to the LCA you talk here is for a GC or for a H1b? H1b also requires a Labor Department certificate prior to filing. But that does not take 6 months to obtain. It hardly takes a day and at the most a week or two due to icert problems lately.

[admchaitu]

LCA is for H1B Transfer and it is applied two weeks back.

Thank you

[txh1b]

It is important that the H1b extension or transfer be filed before the current I-94 expires. If not, the chance of a denial and accumulation of illegal overstay is imminent.