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.
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I got my GC thru CP in a record 14 months. Rajiv's office needless to mention the names, has been very helpful throughout the process. Everybody did a great job throughout the process. Amel's services have been very helpful during CP process. I spoke to Rajiv on a lot of issues. It is easy to get in touch with him, not like other other lawyers. I thank Suman,Nimia,Leila,Fidelina,Amel and of course Rajiv for their cooperation throughout the process.
Hi, My wife and myself received our I-485 approvals the last saturday. Rajiv, Fidelina and their team did great job in getting my GC. I didn't have lot of time on my H1 when I started my GC (right around 2years), but I got my GC within 1year 8 months. Here are my details: EB2 India, PD is Sept 98, LC done in 7 months through RIR, Got I140 in 3 weeks. I485 RD is Aug 99. Got EAD/AP within 2 months. FP done in Oct 99. 485 approved May 23, 2000. The best thing I did is hiring the Rajiv and the gang instead of going through the company lawyer. I saw my friends in my company having lots of troubles with the company attorney, who doesn't have current knowledge of ever changing immigration laws. Great job guys! Thanks Puri