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!!!!!!!
I had my interview today morning (2/6/2012) and I got "Congratulations, your application is recommended for approval." letter at the end .
I am happy to share the good news with all of you that my wife and I became citizen's yesterday. The process was very easy. We had interview appointments at 10:05 am and were called in before 10:15. The interview lasted 5 mins and the officer did not look at any documents I took. I spent last two weeks trying to collect all kinds of documents mentioned on another thread. Anyway here is my timeline:
RD: 3/08/2006
FP: 4/18/2006
Interview/Oath: 5/24/2006
Here is a recent visa stamping experience narrated by one of our team members.
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I went for an H-1B visa stamping at the U.S. Consulate in Toronto, Canada, in November 2012. This was my first H-1B visa stamping. I wanted to share my experience with you and hope that it will be helpful in providing some insight into the entire process.
Scheduling the Interview
Mr. Khanna's office has helped me through a difficult H1 transfer few years back and then helped me in filing and successfully getting my Green Card approved. Before working with Mr. Khanna's office I had worked with several immigration attorneys and was bitterly disappointed or scammed by all of them. It is extremely hard to find a competent and compassionate immigration attorney to navigate through the dizzing immigration laws. I highly recommend Mr. Khanna's office and his entire staff. They all have your best interest in mind. I am saying this after interacting with many of them over the years.
WASHINGTON—The Department of Homeland Security (DHS) today announced that the fiscal year (FY) 2013 limit for Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Workers (CW-1) is 15,000. The Consolidated Natural Resources Act of 2008 (CNRA) requires an annual reduction of the number of CW-1s, the nonimmigrant category for these transitional workers.
USCIS statistical information on Form I-526 immigrant petitions by alien entrepreneur and Form I-829 petitions by entrepreneur to remove conditions. The number of cases received, approved and denied by fiscal year from FY1991 to FY2012.
Please check attachment to view Statistics.
The Department has posted the first round of Frequently Asked Questions (FAQs) addressing the implementation of electronic filing in the H-2B and H-2A labor certification programs through the Department's iCERT Visa Portal System. The FAQs are largely based on questions received from participants in the four webinar training sessions conducted by the Office of Foreign Labor Certification, and are published to assist program users in navigating electronic filing in the H-2B and H-2A programs.
What kind of evidence is acceptable to show ability to pay wages in an I-140?
The regulations state that for ability to pay wages, USCIS will accept copies of annual reports, federal tax returns, or audited financial statements. If the employer has more than 100 workers, a statement from a financial officer of the organization can be submitted to establish the ability to pay the proffered wage.
If a Canadian does not have a Form I-94, does he not accrue unlawful presence until there is a finding that he violated the terms of his nonimmigrant alien status? Is the burden is on CBP to establish such a violation occurred?
U.S. Customs and Border Patrol (CBP) indicates that the mere fact that there is no I-94 does not determine whether or not an individual overstays. Moreover, an individual who is admitted as a B, but does not receive an I-94 either on the southern or northern border is in a legally materially different status than an individual who is admitted as duration of status.
If a Mexican B-1 truck driver has his/her B-1 Visa removed and cancelled by CBP for a Point-to-Point violation and wants to challenge that determination, whom should that person contact at CBP?
U.S. Customs and Border Patrol (CBP) indicates that a Mexican truck driver whose B-1 visa has been cancelled by CBP for a point-to-point violation will need to discuss the issue of the cancellation with the U.S. Consulate in Mexico.
1. If an alien is otherwise admissible as a B-2 visitor for pleasure, isn't it true that a CBP officer should not limit the admission of that alien to 180 days in a twelve-month period?
2. Assuming an individual is otherwise eligible for admission, isn't it true that eligibility for admission as a visitor is determined by the nature and expected duration of the intended activity in the U.S.?
3. What is the training that is given to CBP officers to reinforce that B-2 visitors may lawfully be admitted for an aggregate period in excess of 180 days in a twelve-month period?
1. U.S. Customs and Border Patrol (CBP) indicates that, if an alien applicant is otherwise admissible as a B-2 visitor, and passport validity requirements are met, the applicant can be issued more than one 180-day admission period in a 12-month period.
While previous presence in the U.S. is a relevant factor in determining whether an alien maintains a residence abroad that he or she has no intention of abandoning, isn't it true that inspecting CBP officers should not focus solely on the amount of time an individual has previously spent in the United States to determine eligibility for admission as a visitor?
U.S. Customs and Border Patrol (CBP) indicates that all nonimmigrant applicants seeking admission as B-2 visitors are required to satisfy the inspecting CBP Officer that they are entitled to the admission and classification that they seek, including proving that they maintain a foreign residence abroad that they have no intention of abandoning.
For a CBP port of entry, what is the procedure available to seek supervisory review of an officer’s refusal to admit a visitor due to the period of time he or she was previously present in the U.S.?
U.S. Customs and Border Patrol (CBP) indicates that, in instances in which an officer refuses to admit a visitor due to the period of time he/she was previously present in the U.S., the applicant can ask to speak to the Supervisory CBP Officer who is assigned to the area in which the inspection took place.
Isn't it true that a Mexican citizen with a valid TN visa may be admitted to the United States in TN status for up to three years, provided that the individual’s passport will remain valid throughout this period and the individual is otherwise admissible?
U.S. Customs and Border Patrol (CBP) indicates that a Mexican citizen with a valid TN visa, if otherwise admissible, may be admitted as a TN for up to three years, if applicable, provided that the applicant’s passport remains valid during the duration of that period of time.
Assuming that the Mexican citizen holds a passport that is valid for at least three years and that the alien is otherwise admissible, isn't it true that an employer’s letter or statement confirming that the employer intends to employ the alien for a temporary period of up to three years is sufficient to support admission for the requested period of time.
U.S. Customs and Border Patrol (CBP) indicates that this is true. A Mexican citizen TN nonimmigrant applicant for admission whose passport is valid for the requested admission period, and who is in possession of an employment letter confirming the employment period of up to 3 years, should be admitted for a 3-year admission period.
For a CBP port of entry, what is the procedure available to seek supervisory review of an officer’s refusal to admit a citizen of Mexico to the U.S. for the period of offered employment up to three years?
U.S. Customs and Border Patrol (CBP) indicates that, in instances in which an officer refuses to admit a TN applicant for the period of employment up to three years, the applicant can ask to speak to the Supervisory CBP Officer who is assigned to the area in which the inspection took place. If this does not occur, an inquiry with the Special Cases Office could be initiated in order to have the admission reviewed.
The following case is an example of USCIS blanket revocations based upon criminal convictions. Fortunately, USCIS did keep an open mind and permitted us to show the law and the facts in their proper light without having to go to the Court over this.
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