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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Processing Times for immigration matters vary widely. The U.S. United States Citizenship and Immigration Services (USCIS), the U.S. Department of Labor, and the U.S.
New fee allows USCIS to recover the costs of processing immigrant visas after individuals receive their visa packages from the Department of State abroad
Hi all,I wanted to share my wife's N400 interview experience which had lots of continuous residency issues. it is thanks to this forum's contributions that we decided to apply anyway in spite of the fact our own lawyer advised us against it. and she got approved and had her oath on the very same day!
I am on H-1B visa and my wife just received her H-4B. She is not allowed to get SSN as this is only for people who allowed to work. I need to get her TIN (TAX Identification Number) but not sure where to start as I have been told she needs TIN for Driver licensing and open Bank account.
1.I am in India and my I-20 has been terminated. What should I do to reenter in the United States?
2.Can I reenter the United States with an I-20 issued by a private university for a full time course and not by public university?
1. You will have to look for another school/visa.
2. As long as the school is authorized to issue I-20, you can apply for an F-1 visa. But make sure the school is not running into problems like Tri-Valley University did.
Visas for Domestic Employees of B, E, F, H, I, J, L, O, P, and Q Visa Holders and U.S. Citizens Temporarily Assigned To The United States (B-1)
A Continuing Legal Education seminar delivered by Rajiv S. Khanna. This information is relevant for lawyers and business/HR management professionals. This seminar was presented for American Law Institute/American Bar Association and Lawline.
[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Proposed Rules]
[Pages 6263-6269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01555]
---------------------------------------
DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice 8163]
RIN 1400-AD28
Exchange Visitor Program--Fees and Charges
AGENCY: U.S. Department of State.
ACTION: Proposed rule with request for comment.
We filed my H-1B petition using premium processing and now we received an RFE. How much longer will it take before USCIS makes a decision now?
When USCIS issues an RFE, they give a date by which the response to the RFE must be received by USCIS. Once USCIS receives the RFE response, the 15-day clock starts again for you to receive a decision from USCIS. This decision can be an approval, a denial, a notice of intent to deny (NOID), or USCIS could issue a second RFE.
USCIS published improved forms in easier-to-use formats and with new data collection technologies:
USCIS has launched a new Form Improvements Initiative Web page which explains the types of improvements in the initiative, introduces recently published and upcoming forms, and links to each form’s landing Web page. You’ll also find information related to form improvement initiatives, including enhanced Web content (i.e., posting filing addresses and detailed fee information on form landing pages) and filing reminders.
AAO Processing Times as of February 1, 2013 |
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Time |
Case Type |
||
I - 129 CW |
CNMI-Only Nonimmigrant Transitional Worker |
Current |
|
I - 129 F |
USCIS will conduct system maintenance on Thursday, Feb. 7, 11 p.m. to Friday, Feb. 8, 5 a.m. EST.
During this time, the following on-line tools will be unavailable:
For immediate change of address needs during the outage, we suggest you submit the form manually.
What is the SEVIS Form I-20?
Foreign exchange students will receive a Form I-20 from the DSO of the educational institution that accepted the student to study in the United States. That student must have a Form I-20 to apply for a visa, to enter the United States, and to apply for benefits.
Is a Form I-20 valid without a stamp?
Yes. A stamp is not required on the Form I-20. Some state and federal agencies require foreign students to present a Form I-20 to identify the end date for the student’s program. However, a stamp is not required for this purpose.
How will an unstamped Form I-20 affect work authorization?
A student should have no negative impact on off-campus employment if s/he has the USCIS-issued Employment Authorization Document and a Form I-20.
How will an unstamped Form I-20 affect applying for state or federal benefits?
An unstamped Form I-20 should have no negative impact on applications for state or federal benefits, including driver’s licenses and state-issued identification cards. USCIS is actively communicating with Departments of Motor Vehicles (DMVs) to ensure their understanding that a Form I-20 does not require a stamp to be valid.
What is an endorsed Form I-20?
The Form I-20 is endorsed when it is signed by a DSO, which allows the student to travel internationally or apply for employment authorization.
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