Understanding H1B LCA Application Validity After Employment Termination

When it comes to H1B LCA (Labor Condition Application) process, many individuals and employers have questions about the validity of their applications, especially after an employee has left their position. This article aims to clarify some common misconceptions and provide valuable insights into how H1B LCA applications function in the context of changes in employment status.

Do Old Employers Keep H1B LCA Applications Valid?

It is a common belief that an old employer can invalidate an H1B LCA application through terminations or other actions. However, the reality is more nuanced.

1. Approval Status: Having an existing, approved H1B petition means that previous petitions are considered invalid. This is because the U.S. Department of Labor (DOL) only recognizes the most recent approved petition for the specific visa period. Therefore, any petitions filed by the old employer prior to your departure are not considered valid.

2. Petition Transfer: In most cases, if you leave an employer, they may plan to transfer the petition to a new employer. This is known as a petition transfer. When a new employer takes over the petition, it becomes a new H1B transfer process.

Case Study: A’s Initial Claim

A's situation is an interesting case that involves a direct communication from the previous employer regarding the validity of the H1B petition. According to A, their former employer indicated that the petition remains valid and suggested immediate re-employment.

However, A chose not to join and seeks clarification on the basis of the employer's claim. This is a valid concern and should be addressed with your current employer (A).

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As a seasoned SEO expert, my advice is to clearly understand the basis of the previous employer's claim. It is essential to request more information from your current employer (A) to ensure clarity. Here are a few questions you can ask:

Can you provide details on why the previous employer considers the petition as valid? Are there any specific provisions in the H1B LCA or immigration laws that support this claim? What is the next step if the petition is not valid, and what are the implications for your employment status?

Frequently Asked Questions (FAQs)

Here are some common questions and answers regarding H1B LCA applications:

Q1: Can an employer revoke an H1B petition after an employee has left?

No, once an H1B petition is approved, the revocation by the employer does not affect its validity. However, it may impact future petition transfers or extensions.

Q2: What happens if the previous employer says the petition is valid, but the new employer has not transferred the petition?

The petition would not be valid under the new employer's name unless it has been officially transferred to a new employer. It is crucial to have the transfer process completed to ensure compliance with H1B regulations.

Q3: How long does it take to transfer an H1B petition?

Typically, the transfer process can take several weeks to months, depending on the complexity and the specific circumstances. It is advisable to start the process well in advance of any expected employment changes.

Conclusion

Understanding the validity of H1B LCA applications is crucial for both employers and employees. Clear communication and proactive steps can help avoid misunderstandings and ensure a smooth transition in employment status. If you have any doubts or questions, it is advisable to consult an immigration lawyer or a professional immigration advisor.

Related Keywords

H1B LCA Petition Transfer Employment Termination

Additional Resources

For more information and detailed guidance, consider visiting the following resources:

U.S. Citizenship and Immigration Services (USCIS) H-1B Specialty Occupation Page U.S. Department of Labor (DOL) H-1B LCA Applications United States Consulate H-1B LCA Process Information