QUESTION

Do I have to restart by perm Labor Cert process when transferring between two state agencies while job title, description, and location remain thesame

Asked on Feb 27th, 2014 on Immigration - Louisiana
More details to this question:
I am on an extended H1B with an on-going perm Labor Cert process. I'm being transferred on paper from one state agency to another, while my job title, duties, description, salary, and location remain exactly the same. Do I have to do any kind of 'trasfer' of my H1B and more importantly, can I not avoid re-application for the perm labor cert process? Thank you!
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
It is difficult for me to envision your moving from one state agency to another with everything remaining the same. If your agency was entirely subsumed by another, your attorney could possibly argue for a successor in interest and the labor certification could still continue to be used. If not, perhaps an argument could be made that both agencies are owned by the state and so the state is the real petitioner in this case. Hopefully one of these arguments will succeed. Insofar as the H-1B is concerned, your new employer would be wise to submit an H-1B transfer petition to U.S.C.I.S. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Mar 17th, 2014 at 5:30 PM

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