H1B transfer with a twist

D

docjan

Registered Users (C)
Dear Colleges, I am a Physician on an H1B {J1 to H1} working in an Underserved area. My employer has applied for a Labour petion, however because of financial reasons wants me to move to another location which is located in an underserved area different state and probably better for my carrier.
My questions are?
1. Can I transfer H1B to that area and how long would that take in general and how soon can I start work .
2. Is it possible,difficult??
3.Can my current Labour Certification be transfered, I read somewhere on this web site , maybe one can.
Thanks in advance
Doctorj
 
No Title

I will try to answer this from the info you provided.
I am assuming you are refering to LCA for H1 when you say labor certificate, no the labor certification for green card processing.
Please find out whether the employer is the same and if he/she is, then you may be able to do just a change of location instead of doing H1 transfer. If the employer is the same, you may be able to keep working without interruption.
If you have to apply for an H1 transfer (both employer and location are different), you can start working at the new location as soon as you receive a receipt notice from the INS, according to the new rules of H1b portability. Your lawyer should be able to give you more details on this.
Hope this helps.
MJ1
 
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Yes the employer is going to be the same, with a change in location and already a petition for Labor certification has been filed ,however from my current location. They want to close this current location and move to different location.
I truly appreciate your help and good luck to you
Sincerely,
Docjan
 
No Title

Hi, H1bs are employer and location specific, so if you are moving out of state even with the same employer you DEFINETLY need an amended HI ie a tranfer of H1, this is not difficult at all and takes about 4-6 week depending on your regional INS office (Nebraska is the slowest). You can countinue to work in the new place after you get a recipt of filing. For the gren card labour certification, i think that need to be amended tooas you change state, but you will not lose your place in the Que. My question to you is if this is an underserved job, why not an RIR (or NIW). I know 5 years on MIW sucks but what about RIR that is faster.
 
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Thank you Mustafa for your kind answer,
Actually it is RIR ,filed with State of Washington and it is taking more than 3 moths to get approved . Second I am a cardiologist and State of Washington refused to issue a letter of support for NIW
Doctor I
 
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docjan and mustafa,
what is the besy route for a surgeon to apply for immigration who is currently on H-1 and in an underserved area? i mean there are RIR , NIW and the routes the non medical employees( softrware) take; which is advisable and pros and cons.thanks
 
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Hi, for you the RIR would be the fatest if you could do what helmut suggested in his posting.If the employer is not going to do it I suggest you bear the expenses for the as etc.,but that would be the fastest. If not then I suggest you try NIW and labour and see which goes faster both will take about 5 years.
 
No Title

Just completed ONE YEAR in underserved area-J1 to HI,not done NIW or RIR yet. Now employer wants to close the clinic due to financial issues,wants me to find another job. Is there a possibility to buy the same practice and finish 4 years(in my state) for J1 waiver. Has anyone done before, how much will it cost, please help.
 
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