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.
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.
For more information about the H-2B program, see the link to the left under "H-2B Non-Agricultural Workers."
The Consolidated Natural Resources Act of 2008 (CNRA) extended U.S. immigration laws to the Commonwealth of the Northern Mariana Islands (CNMI), and authorized the Department of Homeland Security (DHS) to create the CNMI-Only Transitional Worker (CW-1) program to ensure adequate employment in the CNMI until the program is phased out on December 31, 2014.
The United States Mission to Nigeria is pleased to announce an expansion of the Drop Box Visa Renewal Program, tentatively to start of June 9th. This program allows certain visa applicants who have previously been issued U.S. visas to renew their visas without attending an interview.
USCIS to Publish New Form to Allow Individuals to Renew Their Deferred Action
If the employee was already working for the employer using AC21 (using EAD) and was already on payroll Then what steps employer has to do to actually get the employee on the GC job other than changing I-9 details. And what document proof employee need to have that may be helpful when one apply for citizenship ? to prove that employee indeed gave employee the GC job ?
Are they changing the law for EB-1? What is the change?
Number 70
Volume IX
Washington, D.C
A. STATUTORY NUMBERS
Processing Queue | Priority Dates | |
---|---|---|
Month |
Processing Queue | Request Date | Status* |
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H-1B |
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual relating to changes of dates of birth and names per court orders.
For more information please click on Policy Alert
For Immediate Release
DHS Press Office
Contact: 202-282-8010
My husband and I got our green cards through my husband's Employer (EB3). We submitted I-140, I-485 for primary beneficiary (my husband), I-485 for derivative beneficiary (me) on December 27th 2004 (visa dates were current)
Our entire application got rejected on Jan 04 2005.I attached the letters mailed to us. USCIS stated that my signature was missing Our lawyer responded to USCIS on Jan 05 2005 and refiled the rejected application on March 08 2005 (visa dates not available for EB3 in March) He requested USCIS to honor December 27 2004 stamp-date for Primary Beneficiary my husband as his application was complete. He also mentioned that he has is resubmitting my application with my revised signature Instead of just accepting my husband's application, USCIS also accepted my application on March 8th 2005 receipt date - March 10th 2005. During Visa Debacle in July 2007 , we received our green cards on September 2007. I am eligible for applying citizenship. I am in a dilemma whether to apply or not. One of the lawyer’s I contacted before said that USCIS sometimes wrongly accepts applications without visa dates and prematurely approves them too and mine might be one of those cases.During citizenship application, they will review the whole immigration history and there is a chance that your green card will be revoked.
Is it safe not to apply for Citizenship and renew it when needed?
This is likely to be a long discussion. My bottomline recommendation: let your husband obtain his naturalization first. Thereafter you apply for yours. If something goes wrong, his naturalization gets you another green card right away, without ever leaving the USA.
Very procedural lawyers and responsive to requests.
Rajiv was extremely helpful in providing his thoughts on the situation i was in. I have been following his posts and since his insights were to the point and bring in a lot of clarity I made an attempt to approach him for suggestions. Evevn though i was a complete stranger, they accomodated time and scheduled me an appointment to discussion on my needs. Really appreciate their efforts and kindness.
Thank you very much!