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.
My in-laws have been issued visitor's visa on 28th at Chennai.
Some points:
* I have sent the sponsor documents.
* Advised them to take special care about arrangement and presentation of the papers
* I have sent two sets of originals/copies for them.
* Trained them on the possible questions and the answers.
*They are both around 70 years of age.
*This is their first interview and they have never visited any foreign country.
The questions they faced:
I thought this info might benefit some people.
My FIL entered US end of July '04. His 6months stay expired end of Jan '05. Our request to extend the stay was denied and he left within 10days of receipt of that letter. But he returned in 4 wks from India (he left on Feb 6th '05, returned on March 3rd '05). At POE in Los Angeles, they questioned him, but finally gave him 6months stay on I-94. He has a multiple entry visa.
Hi All,
My mother got her visitor visa approved at Chennai Consulate. I'm also including the questions that they asked my Mom. The interpreter(requested for one) was already there in the cube with officer it seems.
1Q. Since how long your son is staying in US ?
A. 5 Years
2Q. Where is he staying?
A. YYYY City.
3Q. How many months you're planning to stay?
A. 6 months.
4Q. Did your son applied for Green Card?
A. Yes.
Our case was initially filed with VSC in March, 2001 (EB2 and future-employment based, the petitioning company is located in NJ and we always work in California)
In Jan, 2004, our case was said to be "transferring" to SF local USCIS office for interview and after many times of phone inquiries and letter/fax sent over to them from my wife and the attorney, an office finally (after 7-8 months of newless waiting) get in touch with the attorney(in NJ) earlier this month and indicated that interview is unnecessary, however, we do need to surrender some docuemnt.
I got my I-485 approved in about 1.5 years,which is much faster than I predicted.... and I am sure it could have been approved faster if I had been more diligent about sending the paper work back to you guys... thanks for allowing this victory come true in my life... I have recommended your services to many friends, and I hope they are smart enough to follow my advice... green card
party soon!!!
I got my GC approved on 2/4/05 approximately with overall 3 years time from LC application. My sincere thanks and appreciation goes to Prerna, Liela, Suman, Vijay and all others worked on my case. Rajiv's law office is professional, yet with personal touch. I got all my questions answered in all stages promptly with detailed recommendations.
I am thankful to Shri Rajiv Khanna and his team for great services and guidance throughout the process.My employment based green card is approved.All my family members too are approved.My special thanks to Ms.Prerna Mehta for her wonderful service.
But for Rajiv's team's friendly,professional,prompt,educative relationship I guess the long journey of 3+ years would not have been so pleasant.
Once again I would like to thank all the team members of this great office. I sincerely recommend this office for all immigration related services.
Our case was initially filed with VSC in March, 2001 (EB2 and future-employment based, the petitioning company is located in NJ and we always work in California).
Pleased with my H1B/H4 experience with Mr Khanna's firm I have decided to use his services for my GC processing 3 years ago. Today I got my passport stamped. Thank you for all your efforts, Rajiv, Diane, Leila, Hellen and for all your help. Would definitely recommend this firm to anyone