Below are questions I have on the H-1B Amendment and H-1B transfer being filed almost at the same time with little gap with USCIS for the same person. The H-1B Amendment is in light of the new H-1B regulation that has been mandated by USCIS when there is a significant change in the Job Location of the beneficiary from the address mentioned in the initial Petition from the employer which was approved initially.<p>
1. Does the USCIS Last action rule apply in case of the below 2 being applied almost at the same time for the same beneficiary?<br>
a) H-1B Amendment with Current Employer<br>
b) H-1B Transfer to New employer while H1B Amendment is pending with Current Employer.<br>
2. If the answer for the above is 'Yes', then incase the H-1B Amendment Approval comes after the H-1B Transfer would the H-1B transfer to the new employer that was approved earlier be automatically nullified?<br>
3. If the answer for #2 above is 'Yes' Is there any way to request USCIS to consider the H-1B Transfer approval to new employer as the primary incase that get approved earlier and avoid the H-1B amendment to dictate the latest H-1B for a given employer? (I believe we can request USCIS to withdraw/cancel the Amendment but is this something that the new employer/employee can do or only the existing employer who was filed for H-1B amendment has the authority to request any cancellation/withdrawal of the H-1B amendment?)<br>
4. Also does the current suspension of H-1B premium processing apply even for the H-1B transfers (with a new extension for 3 Years) or is it only for new H-1B extensions of Petitions from the current employer?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I am currently on EB-3. I have a company (say Company A) which is willing to file for my GC in EB-2 under 'Future Employment'. Do I or the 'company A' need to be aware of something on this front?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
The H-1 quota cuts down 50% or more applications each year.
I want to thank Homa Naderi for her efficiency,promptness and patience. She answered telephone calls and emails within the hour and did not tire of answering questions that appeared confusing to a lay person. Most importantly she always conveyed to us her belief that the applications will be accepted. I will be happy to refer people to her.
My family visas have been denied as they were filed 4 months late, by my hospital lawyer.We are really grateful to Mr Rajiv S.Khanna who filed this case with INS, with a proper good cause and got approved in very short time.I strongly advice to go with this firm.Right from the beginning we have been advised honestly and promptly. Mr.Rajiv S.Khanna and his paralegal staff were brilliant and showed their professionalism working on my case.Both Charu Bhagat and Anna Baker were really good in communicating with us and keeping us up to date. Rajiv S.Khanna and his team rock my world!!!!!!!
Comments: Rajiv Khanna is an extremely competent attorney and I am extremely pleased by the service provided by his staff. I specially commend Diane Lombardo for getting things done quickly, efficiently and correctly. I would recommend this firm for anyone wishing to hire a lwayer for their GC process. Country of Birth of primary applicant: India Country of Birth of beneficiary: Colombia I-140 NIW Application received by INS on Jan, 13 1998. I-140 Additional evidence requested on April 23, 1998. I-140 Approval received on Jun 13, 1998. I-485 Received by INS on Aug 5, 1998. I-485 RFE sent out by INS on Nov 12, 1999. RFE was for employment letter, original geographical area of NIW approval and birth certificate. I-485 Response sent on December 7, 1999. I-485 Approved on December 23, 1999. Passport stamped on January 3, 2000 using courtesy copy (not original copy). Further, for those who are wondering how I was able to submit my I485 application in August 1998 when my priority date is Jan 13 1998, I qualify since I cross-charged my application under my spouse's country of birth.
I've just started my GC process with Mr. Khanna's firm. They are about to send my DOL LCert. While working with them since last few weeks, I admire there professionalism and dedication. They've been good at follow up. I was surprised how much Mr. Khanna has been involved. I think it will be a good experience down the road. Special thanks to Mr. Khanna, Rajiv Durgam, Miss. Suman and Ursla Jara.
I began my GC processing in October 1999. And got my LC done in December 1999. I really thankful to Mr. Rajiv and his team for their efforts. Now I am in process of filing for I-140. Mr. Rajiv and his staff is highly professional and very friendly. Working with him is absolutely hassle free. I never have to do any . Follow-up. with him as his staff do things very efficiently. Also Thanks to Suman and Leila as they are always helpful.
In June of 1998 I changed jobs, and moved here to Florida in July of 1998. I began filing for new H1 visas in May of that same year. It took Just under two(2) months to get our H1-B and H-4. Just recently (Dec. 1999) our application for Alien Employment Certification, through the Atlanta DOL was approved. We are now in the process of filing our I-140 and, once the priority date becomes current, the I-485 (adjustment of status for GC). My wife and I are extremely pleased with the results Mr Khanna has been able to achieve since we first started with him in Maryland. We have come a far way, and it is refreshing to know that changing lawyers was the best choice we have made throughout this ordeal. We continue to look forward to the high standard of work Mr Khanna is setting for his clients. ** Keep up the good work Mr Khanna & Staff **
The work was very well done in a timely manner. thank you
Thank you very much for the swift and efficient process. Hoping to use you guys again at a later date
I started my GC processing in Sept. 98. Rajiv and his team got my LC done in Apr 99. I filed my I-140 in May 99. There were some questions regarding the valuation of my degree and experience. But Rajiv and Fidelina went out of way and got second evaluation of my education done which fitted the case in the EB2/RIR category. My I-140 was approved on 7 Dec.99 and now I have sent my I-485 papers for filing. Thank you very much Rajiv, Fidelina , Suman and the entire team. They are very dependable team even in difficult times. I must appreciate the skill and patience they showed in getting my I-140 approved.
Rajiv S Khanna's Law Firm, based in Virginia, is working on my Green Card. I should tell you that I am extremely happy with their service. I have never gotten a chance to speak to Mr. Khanna but I have been 'constantly' in touch with one of his staff, Homa Naderi. She is simply the BEST!! Goes the extra mile to get the job done. Very pleasant to talk to. Someone whom you can count on as a friend. I would first recommend you to visit their website before contacting them. The have a fabulous website, www.immigration.com . It has got a wealth of information ranging from the legal fee structure to the latest news on immigration policies, status, etc. If you decide to go with them call their office and do insist for Homa Naderi to be your point of contact. She will make this long-hard-laborious-US-Visa-pilgrimage a pleasant experience. Feel free to call me or email me if you have any questions at 972 571 1882. Krishna