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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My family visas have been denied as they were filed 4 months late, by my hospital lawyer.We are really grateful to Mr Rajiv S.Khanna who filed this case with INS, with a proper good cause and got approved in very short time.I strongly advice to go with this firm.Right from the beginning we have been advised honestly and promptly. Mr.Rajiv S.Khanna and his paralegal staff were brilliant and showed their professionalism working on my case.Both Charu Bhagat and Anna Baker were really good in communicating with us and keeping us up to date. Rajiv S.Khanna and his team rock my world!!!!!!!
[Federal Register: March 31, 2010 (Volume 75, Number 61)]
[Rules and Regulations]
[Page 15991-15992]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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Rules and Regulations
Federal Register
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Work Done: H1B/H4 Can people contact me as a reference: Yes This is my 10th year H1B extension and Fran Fisher handled my H1B case. I consider my H1B extension as bit complicated. I had I140 approved notice from my previous employer and the extension was obtained based on this aproved I 140 from my previous employer. H1B extension was filed with premium processing. Because of Fran Fisher's and Mr. Khannas expertise and paper work... there was no RFEs and the petition was approved in 12 days.www.immigration.com is the best.
Hi Prerna/Rajiv, I and my wife wanted to thank you and the team at www.immigration.com for your work towards achieving my Green Card. I appreciate your thoroughness and the fact that you took time out of your busy schedule to answer my questions. Thank you! Regards, Francis
ICE Detention and Removal Operations Director issued a memo to field office directors clarifying the February 22, 2010 memo on removal goals.
Work permits and c9 I-765 application - The center recommends applicants and attorneys to follow the current Pre-Order Instructions which points out that applicants should file the renewed I-485 application with the TSC (Texas Service Center) when the form has been denied and renewed by the IJ. This also holds well when the applicant or attorney submits a new Form I-485 application to the IJ.
I am in USA on a L1A visa. If my H1B is approved, do I need to go to India to get my H1B visa stamped?
have a valid B1/B2 visa.I visited usa( 2 years ago, when I was a student) for tourism.Is it legal to use this visa to enter the usa to have a professional test (foreign pharmacy graduate equivalency examination)?. is there any problem to show this purpose to the officer at the port of entry (in airport)?
As far as I know, this should not be a problem if you are truthful about your intentions.
I am working towards filing under EB-1 green card, currently on H-1B. Is there a certain number of publications in peer reviewed journals, presentations at international meetings that would make the application more likely to go through than not?
Number of publications, impact factor of journals and number of citations - that is what they look at these days.
I am currently in the US on a h1b visa. My I-140 has been approved under eb3 category but looks like it will really take a while for the visa numbers to be current. My brother is a naturalized citizen. Can he file for my green card under family based siblings category? I was told by someone that i cannot file 2 immigrant petitions. Is that true?
You can simultaneously file through as many green card categories as you wish. Check out the backlogs on the visa bulletin.
U.S. Citizenship and Immigration Services (USCIS) today announced that it has published new versions of the Petition to Classify Orphan as an Immediate Relative, Form I-600 and the Application for Advance Processing of Orphan Petition, Form I-600A . The new date on the bottom of both forms is “12/30/09 N.” Due to the changes on the forms, previous versions will no longer be accepted after a 60 day transition period.
Department of Homeland Security (DHS) Secretary Janet Napolitano today announced that the Transportation Security Administration (TSA) will begin implementing new enhanced security measures for all air carriers with international flights to the United States to strengthen the safety and security of all passengers—superseding the emergency measures put in place immediately following the attempted terrorist attack on Dec. 25, 2009.
This explains visa number usage, spillover of visa numbers into other preference categories, and the visa number backlog.
Preference Categories
The primary reasons for entering the immigration process in the U.S. are family and employment-based. To manage this process, family and employment-based immigration is broken into preference categories. Congress sets limits on how many individuals may immigrate to the U.S. each year (i.e. visa numbers) and also sets limits on how many individuals may immigrate within each preference category.
ICE updated its list of Student and Exchange Visitor Program approved schools.
I was approved for an H1B by USCIS There is a new I-160 form, electronic to the previous form. I want to be able to travel to my home country during this working period, but I have to go home to get it stamped. Could I still be denied the visa even though I obtained my H1B?
Grant of H-1 approval by USCIS is absolutely no guarantee that a visa will also be granted.
1. I'm on a G4 and have an offer to move to a US based company in a management role. They have offered to file for an H1B in the next few days on premium processing. Although premimum processing requires 15 days or so for an approval, the visa stamping does not happen until October 2010. That's too long to wait to move. What are my options to transition more smoothly from G4 to H1B?
2. Can they apply for a GC after I have an H1B approval?
If you are subject to the quota, I cannot think of how you can start earlier than 1st October, unless you have unique skills or circumstances. Once on H-1, you are like anyone else. Your green card can be filed because you would already have waived your privileges and immunities.
I have already applied for the draw for the Diversity Lottery Visa for which I am eligible.If at all I dont get selected and want to make a B1/B2 application thereafter will I have to mention in the application form that I have been denied such a chance for lottery before and if I choose not to do so can the consulate people find out that this person has made such an application before.Please advise for the correct approach.
I am US citizen trying to bring my friend from Pakistan to visit me in America , how hard is the process for him to visit, as we have never offical met in person, but are connected online. I hear you have to have proof that we actually have met, like pictures?. Is this hopeless? Would it be better for me to meet him out of the country?
Getting a B-2 visa for a single person tends to be very difficult. If you meet him once, you can get him here on a Fiance (K-1) visa. That is much better if you want to get married.
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