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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WASHINGTON — The Department of Homeland Security (DHS) launched an enhanced Study in the States website Monday with four new features. The features enable the Student and Exchange Visitor Program (SEVP), housed within U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), to convey pertinent information to stakeholders about the international student process in a clear and interactive manner.
The new features include:
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) Acting Director Lori Scialabba will help USCIS celebrate our nation’s 238th birthday as the agency welcomes approximately 9,000 new U.S. citizens during more than 100 naturalization ceremonies across the country from June 30 to July 4.
On July 1, 2014, OFLC uploaded the newest prevailing wage data from the Occupational Employment Survey as generated by the Bureau of Labor Statistics for the year from July 2014 - June 2015. The effective date is July 1, 2014. Prevailing wages issued from the National Prevailing Wage Center will reflect the new data.
I have dual citizenship. Which passport should I use to travel to the United States?
All U.S. citizens, even dual citizens/nationals, must enter and depart the United States using his/her U.S. passport.
Rajiv S. Khanna participates as a special guest in a discussion with Voice of America on the Crisis of Children Refugees crossing the US borders from Mexico and thinks it is important first to understand that the problem is not of enforcement, but defect in laws. By passing a Comprehensive Immigration Reform a policy is put into place that is cohesive. Right now the policy does not jive with the way things are. As there is no law there is no policy. Hence having the immigration reform pass would not help in the sense of just stemming or shortening up the borders. It would help in implementing a policy that is coherent and in accord with the times today.
I have a approved I-140 with on H-1B for more than six years working for company A. If I change to company B I will get 3 years of extension for new employer B. If I leave employer B before my PERM or I-140 is approved with employer B and join employer C. How many years of H-1 extension I will get ? Can I get 3 years of H-1 extension using approved I-140 with employer A.
Unless and until the I-140 is revoked, your first approved I-140 can continue to be used for H-1 extensions for any number of employers.
Existing data currently published by USCIS for DACA provides statistics on program operations (e.g.,number of receipts accepted, rejected and approved, etc.). In contrast, this data table
release disseminates information on the characteristics of DACA requestors in a manner which sufficiently protects their privacy.
Please click on the attachment for more information on statistics and data table.
USCIS does not believe that a J-2 dependent of a J-1 foreign medical graduate can change to H-1B status, or any other employment-authorized nonimmigrant classification (with the exception of T or U status) until the principal Conrad State 30 waiver recipient has fulfilled his or her three-year employment obligations in a medically underserved area.However, USCIS is open to reviewing current regulations and considereing whether steps should be taken to enable such J-2 dependents to engage in employment while in H-4 status.
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in adjudicating Form I - 360, Petition for Amerasian, Widow(er) or Special Immigrant , filed by a self - petitioning adopted child, when the adopted child has been battered or abused.
Please click on the attachment to read more.
Instructions on Using the ChartBelow is a chart that shows the form number, form name and processing times for the following forms that are processed by the Immigrant Investor Program Office (IPO). Find the particular form number (in the left column) or form name (in the center column) in which you are interested. In the right column you will find a timeframe in months representing the average processing time for that form type. Please note some cases may take longer to process. |
When do you think the H-4 regulations giving EAD will become in operation? Will they be changed or will they remain the same?
Timing is impossible to predict. It could be as early as September or so, or as late as the government wants it to be. Also, government CAN and often does change or modify regulations after comments from the public are reviewed.
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