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.
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Dear all
I came to the USA from New Delhi, India with a Master's in Microbiology in 1992 - to pursue a Ph.D. in Biochemistry / Molecular biology specializing in protein engineering. In 2000, started a post doc- 7 months at Brigham and Women's hospital - did not get along with the indian jerk of a boss so changed to the main Harvard medical School quad under a fantastic caucasian post doc mentor and a very good friend, a very liberal democrat (Go John Kerry).
I have lived in the United States for over 15 years. I was 8 years old when my parents brought me to this country. I don't blame them since they only thought of giving us a better life than what they had in Mexico. Through the years, I have acquired great knowledge thanks to the schools of this great country. In May 2004, I graduated from Southern Polytechnic State University with a 3.66 GPA. However, due to these laws I have not been able to find a job, where I can put my skills to work.
Thanks Diane for great work for my GC processing. I am also grateful to Leila and Suman to help me from time to time. The services of law offices of Rajiv Khanna is just great for GC cases.
Its amazing that such a big firm and so many clients, still I got Individual Attention, including once scanning and sending me 32 Pages of Documents I had submitted with my Labor Applications that I had misplaced.Special Thanks to Richa, Prerna, Shivani ,Mathew Rajiv Khanna and Immigration Portal for so much info.
Rajiv S Khanna's Law Firm, based in Virginia, is working on my Green Card. I should tell you that I am extremely happy with their service. I have never gotten a chance to speak to Mr. Khanna but I have been 'constantly' in touch with one of his staff, Homa Naderi. She is simply the BEST!! Goes the extra mile to get the job done. Very pleasant to talk to. Someone whom you can count on as a friend. I would first recommend you to visit their website before contacting them. The have a fabulous website, www.immigration.com . It has got a wealth of information ranging from the legal fee structure to the latest news on immigration policies, status, etc. If you decide to go with them call their office and do insist for Homa Naderi to be your point of contact. She will make this long-hard-laborious-US-Visa-pilgrimage a pleasant experience. Feel free to call me or email me if you have any questions at 972 571 1882. Krishna