Can I change jobs before LCA approval?

M

mfsn

Registered Users (C)
Hi all,

I have been offered a job by company B in the same area as my current employer A, which filed my LCA back in Sep/2003. I'm now in my 7-th year under H1B.

Can I change jobs while my LCA is still pending at the State level or should I wait until my I-485 is filed?

Thanks.
 
No, you GC will not be voided. that was wrong.

You can file your extension/transfer with employer B using labor applied with employer A. Apply for labor before joining with employer B so that you will be able to extend for another year after one year eve though employer A withdraws their labor processing.
 
Are you talking about Labor Condition Application(LC) or Labor Certification(LC). Both are completely different things.
 
Two different forms have been sent out on my behalf but I don't know what their purposes are (please explain it to me):

- Application for Alien Employment Certification (form ETA 750);
- Labor Condition Application for H-1B Nonimmigrants (form ETA 9035E);

The Department of Labor acknowledged receipt of the Application for Alien Employment Certification and issued a priority date of Sep/2003. This process is still pending. If I could change jobs now, would I have to start all over again?
 
panduputhran said:
No, you GC will not be voided. that was wrong.

You can file your extension/transfer with employer B using labor applied with employer A. Apply for labor before joining with employer B so that you will be able to extend for another year after one year eve though employer A withdraws their labor processing.
Click to expand...

Hi panduputhran:

R U very sure about this ? What is the source of your information?
I am also in 6th year of my H1 with PD of 2003 with company "A" but I am not changing jobs with company "B" thinking that if my new LC frim "B" is filed while I am in 6th year I will not be able to file for 7th year extension (since my LC with "B" will not be pending for 365 days). Of course my LC with "A" is pending for more than 365 days.

Pls respond.

Thanks,
APD
 
APD said:
Hi panduputhran:

R U very sure about this ? What is the source of your information?
I am also in 6th year of my H1 with PD of 2003 with company "A" but I am not changing jobs with company "B" thinking that if my new LC frim "B" is filed while I am in 6th year I will not be able to file for 7th year extension (since my LC with "B" will not be pending for 365 days). Of course my LC with "A" is pending for more than 365 days.

Pls respond.

Thanks,
APD
Click to expand...

HI APD,
Since I am also in sixth year, I have gone thru all forums and chat sessions from murthy about this. You should find this information in murthy previous chat sessions.

Here is how it should work,

Now you are with employer A and LC is pending 365 days, You are changing job to employer B. At this time employer A didn't know you are going to quit, so there is no chance that he withdraw/transfer LC. So, by using the receipt from Labor department (pending 365 days) you extend and transfer your H1 with employer B, you get 1 year extension.

Before joining employer B, make employer B to apply for your LC, such a way that your LC with employer B is pending 365 days at the time of 8th year extension even though employer A withdraw/transfer LC to other person.

Option 2: If you request employer A to continue your GC process after you quit, and he agrees. You can use that employer A LC for all extensions and keep PD

Hope this is clear.. Let me know, if not.

Thanks
 
Last edited by a moderator:
panduputhran said:
HI APD,
Since I am also in sixth year, I have gone thru all forums and chat sessions from murthy about this. You should find this information in murthy previous chat sessions.

Here is how it should work,

Now you are with employer A and LC is pending 365 days, You are changing job to employer B. At this time employer A didn't know you are going to quit, so there is no chance that he withdraw/transfer LC. So, by using the receipt from Labor department (pending 365 days) you extend and transfer your H1 with employer B, you get 1 year extension.

Before joining employer B, make employer B to apply for your LC, such a way that your LC with employer B is pending 365 days at the time of 8th year extension even though employer A withdraw/transfer LC to other person.

Option 2: If you request employer A to continue your GC process after you quit, and he agrees. You can use that employer A LC for all extensions and keep PD

Hope this is clear.. Let me know, if not.

Thanks
Click to expand...

Thanks for your response. This is really interesting. Let's keep in touch to further validate the facts and leverage this option.

I did not get any receipt for my LC from the employer. Is there anyway to get it without involving the employer?

Regards,
APD
 
APD said:
Thanks for your response. This is really interesting. Let's keep in touch to further validate the facts and leverage this option.

I did not get any receipt for my LC from the employer. Is there anyway to get it without involving the employer?

Regards,
APD
Click to expand...

Ask your lawyer for receipt of LC filing, say that, you need this for your records.
 
What panduputhran is saying is accurate. I know few who have done it in reality.

It's going to be tricky going forward because of the PERM process. Filing LC under PERM is going to take a much longer time compared to current non-RIR process. And considering this, it may be impractical for an employer to wait for you to join until the filing is done which may take upto 6 months.
 
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