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These cookies track visitors across websites and collect information to provide customized ads. Others Others. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Company A is aware that Santosh can begin work as soon as a new H1B petition has been filed. Because they want Santosh to start as soon as possible they submit the H1B petition without waiting for the LCA to be certified.
Santosh starts work for Company A the day after the H1B petition was filed. Will he run into any problem in this situation? A: Yes. Unfortunately, Santosh has entered into unauthorized employment because the H1B petition was not properly filed. Santosh will have to depart the US and he can return using his old H1B petition and visa, if available if he wishes to return to work for Company B. Each LCA is limited to one job title with specified job duties for specific location s , but can be used for more than one H1B petition.
By signing and filing the Labor Condition Application for an H1B petition, an employer makes four attestations or promises. The company attests that:.
The DOL requires that the employer must make available for public examination a copy of the certified LCA and necessary supporting documentation regarding the H1B workers and other similarly situated employees at its offices.
These materials are provided solely for informational purposes and are not legal advice. Transmission of these materials is not intended to create, and receipt does not constitute, an attorney-client relationship. Readers should not act upon the information contained in these FAQs without first seeking advice from a qualified attorney.
Q: We have made an offer to a candidate who requires an H-1B transfer. When can she start? Under the best circumstances, the earliest that a candidate might begin work is 2 weeks with the FedEx or UPS confirmation of delivery when she is immediately available.
We recommend that notice not be given until we have received the completed questionnaires and supporting documents and have had time to review the immigration history and possible issues involved in the H transfer.
This generally would occur within days of receiving the requested documents and information from both the employer and the candidate.
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