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. Many candidates prefer to wait until the H-1B transfer has been filed about 2 weeks after initiation to give notice.
What are the requirements for working on the basis of filing, rather than approval of the H petition? Cookie settings OK. Manage consent. Close Privacy Overview This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website.
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These cookies ensure basic functionalities and security features of the website, anonymously. The employer also attests that it will pay the wage to the foreign national for time in nonproductive status due to a decision of the employer or due to the H-1B foreign national not having a required permit or license, and that the foreign national will be offered benefits and eligibility for benefits on the same basis as they are offered to U.
The employer must attest that the hiring of the foreign national pursuant to an H-1B visa will not adversely affect the working conditions of workers similarly employed and that all such foreign national hires will be afforded the same or similar working conditions as those offered to U. The employer must affirm that it is not experiencing a strike, lockout or work stoppage in the course of a labor dispute in the named occupation and that, if such an event occurs after the filing of the LCA, the employer will notify the proper Department of Labor authorities within three days of such an event occurring, in which case the LCA is not able to be used in support of an H-1B visa petition until the Department of Labor has determined that the strike, lockout or work stoppage has ceased.
In addition, an employer is not permitted to pay a wage that is lower than a wage required under any other applicable Federal, State or local law. More information on obtaining a prevailing wage determination from the NPWC can be found here. LCAs must not be submitted more than 6 months before the beginning date of the period of employment. The two exceptions to electronic filing are employers with physical disabilities or those who lack Internet access and cannot electronically file the Form ETAE.
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