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 would like to thank the law offices of Rajiv S. Khanna for doing an outstanding job to help me get Labor Certification.
Here is what happened:
-My case was filed in feb 2008 under EB2
-Audit was sent on the 4th of March'08
- Response to the Audit was sent on 2nd April'08
- Labor was certified on 8th April'08.
I would specially like to thank Seema And Sheena for doing an outstanding job in preparing the appilication and the audit response letter. They were very polite and responded to all my queries promptly.
Also would like to thank Pramita in helping me out in the initial stages of process.
Thanks to Rajiv and his team for doing a terrific job.
I would like to thank Rajiv, Mathew, and Suman for their work on my case.
My 485 was denied and I had only 15 days to respond back or else I would have lost my EAD too! I came to know about Rajiv from a friend and emailed him right away, the same evening I got the denial letter. Next morning, Rajiv called me personally and collected all the details from me. At that time, he wasn't even sure if he is going to take the case or not. My 485 was based on family and I had done all the paper work myself. I had my initial interview 2 years back (in 2006) where I was asked to provide my original birth certificate within next 90 days. That was the only thing needed for approving my 485. I had sent my hospital issued birth certificate shortly after that. Since then I never heard back from USCIS. After a few info-pass appointments, I got a denial letter in Feb 2008.
The USCIS procedure mandates to send a letter of "Intend to deny" if the evidence they ask for (birth certificate in my case) is not satisfactory. I never got the intention letter. Instead, I got the denial!
The case was complicated but Rajiv took the time to research how to proceed and finally he suggested we appeal via form 290B (Motion to Reopen/ Reconsider). Mathew and Suman promptly created all necessary paperwork. I managed to get the municipality issued Birth Certificate and we files the Motion to Reopen within 10 days of receiving the denial letter. USCIS took a little over a month and approved my motion.
Now I just have to wait for my 485 to get approved. I was very pleased to find Rajiv and his team. I wish them all the best in the endeavor to help thousands of people with USCIS.
Law offices of Rajiv S. Khanna has provided excellent service in getting my I-140 approved (EB1-OR) within a few months.
I have dealt with other law firms before and I have no hesitation in reserving the highest praise for the supporting staff and attorney Rajiv Khanna. Mr. Khanna has been very straightforward, understanding, committed,
and singularly knowledgeable.
Incredibly, he agreed to a consultation (where he reviewed my eligibility under this
category) even before I had hired his services !
EB1 has its own set of complex requirements for both the
candidate and the employer. I have been very impressed with the way Mr. Khanna could explain these and appeased the doubts/hesitation of my managers. I have found him to be very approachable, generous and always willing to help in just about every issue regarding my immigration and legal status in the US.
My case manager, Diane Lombardo, has been extremely patient, supportive and prompt in responding to my innumerable
queries. She was instrumental in preparing the petition very meticulously . Over the last several months I have
been amazed at her committment and helpfulness.
As I understand, EB1 cases are difficult and I believe Mr. Khanna and Diane Lombardo have used all their experience to handle this I-140 petition in the most professional and satisfactory manner.
Thank you very much to attorney Khanna and his team !
Many thanks to everybody for their patience, perseverance, and professionalism over the last 6 very long years. Sometimes I was about to give up, but this morning when I walked out of the DHS office, it's all been worth it.
Hi Rajiv ji,
I want to thank you and your maginificent team (Specially Prerna, Richa,Sheena, Mathew, Joseph ) for helping me see this day. You were my strong baiston of hope when I was down. You all helped me keep my morale up through this 5 year one month 4 days ordeal. No wonder you all are what you are :->. All of you are so special in your own way. So please accept my deep and sincere gratitude.
You and your team was very sensitive and responsive to my needs. And I appreciate that a lot.
Once again thanks to you all great folks!! Long live immigration.com !!!!
Thanks and Warm Regards,
Neeraj.
I think Law office of Rajiv S Khanna has done a very good job in answering the RFE. After the RFE was answered, I got the approval in 15days.
My wife and I got the I-485 approval in March 2008. We filed the I-140 & I-485 in February 2006. The LC PERM was done by Rajiv’s law firm too. The I-140 was approved in 4 months without any issues.
Mostly I dealt with Prerna Mehta and Jitesh Malik. Both provide me excellent help and support during the process. Malik called me on my cell phone to answer my questions, and he was polite, fast and correct. Also, I praise Prerna for checking my documents and forms thoroughly and providing correction/feed back immediately.
My sincere thanks to you Mr. Khanna, for all the help and guidance that you gave us through out the application process. You were always ready to answer all my questions and I really appreciate all the help that you provided.
In future if I need any immigration help I would definitely go for Rajiv firm. If anybody has any help needed about immigration I would highly recommend Rajiv firm.