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.
I want to thank Homa Naderi for her efficiency,promptness and patience. She answered telephone calls and emails within the hour and did not tire of answering questions that appeared confusing to a lay person. Most importantly she always conveyed to us her belief that the applications will be accepted. I will be happy to refer people to her.
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!!!!!!!
First of all I wanted to thank you Mathew & Rajiv Khanna for their superb service during my Green Card Process. Below is the my story: I applied for Green Card at 2003 under EB3 category and my priority date was Dec 2003 via Company X when I was working for Company Y. After years of waiting I decided to ask for the possibility of applying via EB2 category for Company Y. Rajiv & Mathew has studied my case throughly and decided to go ahead with Eb2 process. Perm Labour took 2 months, I-140 took 15 days (premium processing), I-485 porting took 4 months. Totally it took almost 14months to get my Green Card under EB2.
Our GC process fell apart when the company was closed which put us out of status since my huband and i were on EAD and Rajiv and his team helped us in get our H1-B and H-4 visas. We had made some mistakes in the filing of my H1-B and so was denied and was at a risk of having to go back to India since i was out of status but it was a diffcult option since i was pregnant so with the help of Rajiv's team i was able to get my H4 with an i94 and did not have to travel back to India. I thank Anna, Judi, Jagbir and everyone else who worked on our case.
Date | Action |
March 28, 2011 | Letter sent to Meera Shankar and Rajagopal Lagadapati |
Feb 23, 2011 | Letter sent to President Obama |
April 15, 2011 |
TVU Students With NTA's -Meet With ICE, April 15 at 10.30 am |
I contacted immigration.com., and got an email back the next day, and phone consult set up with Rajiv Khanna two days later. He was extremely helpful, explaining to me the weaknesses and opportunities of my case, and actually gave me some reference point to talk to my employer. I am grateful to Rajiv and his staff for their assistance, and would wholeheartedly recommend them to anyone looking for quality legal opinion on their immigration cases.
Table A provides approval and denial data for petitioners of the I-140, Immigrant Petition for Alien Workers - (E-11 Extraordinary Ability, Professors, Researchers, or Executives)
Table A: I-140 E-11 Approval/Denial by Fiscal Year 2005 to 2010
Fiscal Year |
Approvals |
Denials |
Approval Rate |
[Federal Register: February 25, 2011 (Volume 76, Number 38)]
[Rules and Regulations]
[Page 10498-10500]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe11-7]
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DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice: 7346]
RIN 1400-AC67
Exchange Visitor Program--Fees and Charges
AGENCY: Department of State.
Jan. 27, 2011
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.
Validation Instrument for Business Enterprises (VIBE) Program |
January 31, 2011
U.S. citizens in Egypt who require assistance, or those who are concerned that their U.S. citizen loved one in Egypt may require assistance, should contact the U.S. Department of State and the U.S. Embassy in Cairo at:
EgyptEmergencyUSC@state.gov
1-888-407-4747 toll-free in the United States and Canada
1-202-501-4444 for callers outside the United States and Canada
CBP FAQs include general information on the VWP and ESTA, as well as ESTA & data privacy, who should apply, implementation, how to apply, the ESTA fee and the Travel Promotion Act of 2009, updating the ESTA, I-94W, ESTA and U.S. visas, ESTA denials, and more.
I have plans of taking the FOREIGN PHARMACY EQUIVALENCY EXAM (FPGEE), I am from the Philippines what kind of visa should I apply for?
You will apply for B visa (B-1/B-2).
Can someone apply for E-2 visa ,who now residing in USA,is it possible and how long it will take?
Yes, they can. I believe premium processing is available for E visas. If you opt for that, it could take a few weeks.
I am US citizen and my wife is here on B-2 visa, her I-94 just expired, applied for extension, denied. Can I file I-130 and 485 for her now and can she wait here for her GC legally without leaving the country?
You can file I-130 and I-485, but she must not travel outside USA until she gets her green card.
I am a visual artist and have the master degree in art. I exhibited in several countries including US , Canada , Greece etc..33 Years old..Worked as an assistant professor in Germany duration 1 year. Can I apply for EB-1?
That by itself may not be enough. You need to have evidence of sustained national/international acclaim.
EOIR FY2010 Statistical Year Book, which includes a compilation of figures and tables on individuals who have appeared before an immigration judge or the Board of Immigration Appeals.
This memorandum documents USCIS policy for including information about the opportunity to file a motion to reopen or reconsider when issuing a written denial of a petition or application.
This Policy Memorandum (PM) provides guidance regarding the analysis that U.S. Citizenship and Immigration Service (USCIS) officers who adjudicate these petitions should use when evaluating evidence submitted in support of Form I-140, Immigrant Petition for Alien Worker, filed for:
Aliens of Extraordinary Ability under section 203(b)(1)(A) of the Immigration and Nationality Act (INA);
Outstanding Professors or Researchers under section 203(b)(1)(B) INA; and
Aliens of Exceptional Ability under section 203(b)(2) INA.
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