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  1. #1

    Default Simultaneous Filing of H1B and LCA

    Hi,

    My friend is working with employer A and moving to a new company(Employer B) soon.

    HR director of employer B told him that his H1 and LCA has been filed simultaneously and the LCA got approved on June 4th. They also said that he would get his receipt number before 12 th and told him to put down papers so that he could join B on 15th.

    He was lil skeptical about putting down papers before getting the receipt number. But he put down his papers but extended the joining date to 22nd. But he hasn't got the reciept number yet.

    Question is:

    1. Can H1 and LCA be filed simultaneously
    2. Would he get his receipt number before 19th?
    3. His last day with A is 19th. Uf he doesn't get the receipt number by 19th, would he go out of status
    4. IF answer for #3 is yes, what can be done to maintain his status?

    Would be really really thankful if you all could pour in some light on his situation!

    Thanks!

  2. #2
    Join Date
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    Default Re: Simultaneous Filing of H1B and LCA

    Quote Quoting sukumarps07@gmail.com
    View Post
    Can H1 and LCA be filed simultaneously
    Labor certification must be granted before an employer qualifies to submit form I-129. Perhaps the employer meant that he was simultaneously filing form I-129 and proof of labor certification.
    Quote Quoting sukumarps07
    Would he get his receipt number before 19th?
    That will depend on when the I-129 was filed.
    Quote Quoting sukumarps07
    His last day with A is 19th. If he doesn't get the receipt number by 19th, would he go out of status
    It would be a huge gamble to start working before receiving a receipt from the USCIS. He cannot start working in the new job until after form I-129 is received by the USCIS, and if he has no receipt he has no way of knowing if in fact the form was properly submitted or if it was rejected as improperly filed.
    Quote Quoting sukumarps07
    IF answer for #3 is yes, what can be done to maintain his status?
    Keep working for his current employer. If that's not possible, no receipt is in hand, and returning home isn't an option, consult an immigration lawyer.

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