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.
Are all questions on the DS-160 mandatory?
The Department has published in the Federal Register a notice announcing an amendment to the Appendix B.1 of the ETA Form 9142, Application for Temporary Employment Certification. The amendment reflects an employer's obligation to pay a prevailing wage determined under the new prevailing wage methodology promulgated by the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program Final Rule, which published in the Federal Register on January 19, 2011, and applies to wages paid for work performed on or after January 1, 2012.
April 27, 2011, 2:00 – 3:00 p.m. EST
The Ombudsman's Office invites you to participate in a public teleconference on "Application Processing Times: A Conversation with USCIS." The Ombudsman's Office will interview guest speakers from USCIS' Office of Performance and Quality on the ins and outs of posting processing times and will reserve time for your questions, comments, and suggestions.
To participate, please RSVP to cisombudsman.publicaffairs@dhs.gov.
Great Help, Keep up the good work.
Rajiv was really helpful. He patiently heard my issue and gave to the point resolutions. I strongly recommend him.
USCIS interim memo for comment provides procedural guidance for USCIS employees on making requests for the revocation of U.S. Passports to State Department. The memo is in effect until further notice. Comments are due 5/5/11.
Please check the attachment to see the Interim Memo.
[Federal Register: April 26, 2011 (Volume 76, Number 80)]
[Rules and Regulations]
[Page 23177-23185]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap11-3]
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DEPARTMENT OF STATE
22 CFR Part 62
RIN 1400-AC79
[Public Notice 7427]
Exchange Visitor Program--Summer Work Travel
AGENCY: Department of State.
When I apply for a nonimmigrant visa using the online DS-160, are additional forms required?
What happens to my DS-160 if I select a U.S. Embassy or Consulate where I will be applying for my visa, but end up making an interview appointment instead at another U.S. Embassy or Consulate?
I do not have a National Identification Number. How should I answer this question?
If you are a citizen of a country that does not issue national identification numbers, select “Does not apply.”
What do I enter for U.S. Social Security Number and/or U.S. Taxpayer ID Number?
Applicants, who have worked in the United States, as well as others, will have Social Security numbers or taxpayer identification numbers. If you do not have a Social Security number or a taxpayer identification number, select “Does not apply”.
The form asks for my home phone number, but I do not have one.
You should provide at least one contact phone number, so that the U.S. Embassy or Consulate can contact you by phone, if necessary. If you have provided a mobile or cell phone number, you may enter “Does not apply” for home phone number.
The form asks for my Passport Book Number, but I am not sure if I have one.
The form asks that I provide the name of a contact or organization and a phone number, but I am not visiting anyone in the United States.
If you do not know anyone personally in the United States, but you are traveling here to visit a particular store, company, or organization, you may provide the name of the store, company, or organization you intend to visit. Otherwise, you may select “Does not apply.”
The form asks if I am the principal applicant. What is a principal applicant?
If you, or your family, are applying for B-1, B-2, or B1/B2 visas, you are all considered principal applicants, and each of you should select that box.
Can a third party complete the form on my behalf? Who is exempt from signing the form?
Mr. Rajiv is very helpful and has enormous amount of experience. He also advises us correctly. He has the capability to clarify complex legal parlance to simple understandable terminology for clients. His team with Anna Baker, Leslie are really thorough professionals. They promptly respond to my emails on a daily basis and are incredibly adept from start to finish. Ultimately, I can say that you are in safe hands.
U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) launched a pilot program to test new processing procedures for Form I-730, Refugee/Asylee Relative Petition follow-to-join cases (See definition below).
It was a very useful conversation with Rajiv and he guided me towards the right direction