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.
On April 1, 2014, U.S. Citizenship and Immigration Services (USCIS) began accepting applications for a competitive grant funding opportunity to promote immigrant civic integration and prepare permanent residents for citizenship. USCIS will offer up to $10 million in competitive funding for citizenship preparation programs in communities across the country.
U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption.
Before running a random selection process, USCIS will complete initial intake for all filings received during the filing period which ended today. Due to the high number of petitions, USCIS is not yet able to announce the date on which it will conduct the random selection process.
[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Rules and Regulations]
[Pages 19288-19289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07866]
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DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice: 8687] RIN 1400-AD51
Visas: Waiver by Joint Action of Visa and Passport Requirements for Members of Armed Forces and Coast Guards of Foreign Countries
Effective April 10, 2014, all USCIS offices will begin using new district names in all references to the international districts. The new names are as follows:
U.S. Citizenship and Immigration Services (USCIS) announced on April 7 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced on April 7 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption.
Does this memorandum change any of the requirements to establish eligibility for an H-1B petition?
No. This memorandum does not change any of the requirements for an H-1B petition.
DATE | Statistics for |
FY 2014 | Permanent Labor Certification Program |
FY 2014 YTD | National Prevailing Wage Center |
FY 2014 YTD |
AAO Processing Times as of April 1, 2014 |
||
Form Number |
Case Type |
Time |
I-129CW | CNMI-Only Nonimmigrant Transitional Worker | Current |
I-129F |
On April 28, 2014, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for H-1B petitions subject to the fiscal year 2015 cap, including H-1B petitions seeking an exemption from the fiscal year cap for individuals who have earned a U.S. master’s degree or higher. USCIS first announced that we would begin premium processing for H-1B cap cases no later than April 28 in a news release on March 25.
Eligible nationals of Haiti who currently have Temporary Protected Status (TPS) must re-register for TPS by May 2, 2014. Failure to re-register by this deadline may result in the loss of your TPS and your work authorization.
On January 17, 2014, the President signed into law the Consolidated Appropriations Act of 2014 (the "2014 Appropriations Act"), Pub. L. 113-76, which includes a provision permitting staggered entry of H-2B workers employed by employers in the seafood industry under certain conditions. This provision expires on September 30, 2014; accordingly, no staggered entry of H-2B workers after September 30, 2014 will be permitted.
I am very pleased with Mr. Rajiv Khanna and his team of professionals. My Employment based Green Card petition was very diligently prepared by legal experts and submitted promptly. It was approved soon and then on they had always guided for all other immigration formalities. They also counseled me when l had to change my job after I-140 approval so that my petition remained in compliance with all immigration requirement. Also got opportunity to have personal discussion with Mr. Rajiv Khanna on other immigration-tax related issue.