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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I am currently on L-2 EAD (since Jun 2017) and work for Employer A. Can my current employer (Employer A) file for my Green Card ?
Video Transcript
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I'm working on H-4 EAD with company A. Company B filed for H-1B for this year and it was picked in lottery but no decision made yet, now I don't want H-1B and asked company B to withdraw the H-1B and he agreed to it and shared the H-1B withdrawal letter along with the I-129C notice. Just to make sure that the petition is withdrawn without any issues, can I also post the same letter again to USCIS with company's from address on it?
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I filed for my N-400 and then had requested my Driver's History from NJ DMV just to be sure that my account is in good standing. I received my Driver's History after few weeks and my account is good standing, however, I had one traffic ticket 16 years ago about which I had completely forgotten to mention on my N-400. Therefore on my N-400 I had selected "No" to the citation question. <br>
My question - should I let the officer know right in the beginning of the interview that I would like to amend my N-400 for that particular question OR should I wait until he gets to that question and then let him know? What's the best way to deal with this error on the application?
Video Transcript
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Discussion Topics, Thursday 5 July 2018:
FAQ: How many days can I stay in the USA after H-1B denial a detailed discussion? || Applying for H-1B transfer while an extension request is under RFE|| Other: Applying for EB-1C, international managers/executives criteria || Desertion charges for military, effect on green card || 151 years for getting green cards ||Age for adoption/adopting a sibling for immigration || Being outside the USA on EAD || H-4 trading stock || TN for Management Consultant || H-1B transfers with approved I-140 || Promotions while green card is pending || H-4 to H-1 change || H-4 change of status || Green card pending changing jobs within the same company||Travel ban || Bridge H-1B petitions || PERM experience letters title, etc.
PERM Processing Times (as of 06/30/2018)
USCIS announced on July 8, 2016, that it has returned all fiscal year 2017 H-1B cap-subject petitions that were not selected in our computer-generated random selection process.
I have question for H1 transfer. I am working in USA from 2006 and changed 2 employers till now. My current H1B petition is valid till June 27,2018. I have my labor and I 140 approved with EB2 priority date of April 2010.I am working as contractor to the client in Bay area, California and employer is based in Ashburn Virginia. I joined this client as contractor in April this year so my employee filed H1B extension and amendment together in April. We moved this case to premium in early May and USCIS sent RFE on my case. My company attorney is working on the documents i submit for RFE response. My contract is only till August and I received client letter which states the same end date with further possibly of extension.
This client wants to hire me as their full time employee. I have offer from another Healthcare client , however I am not sure if I can transfer my H1 to the new employer/client when RFE with the current employer is in process.
Watch the Video on this FAQ: Changing jobs while H-1B RFE is pending
Video Transcript
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Volume X
Washington, D.C
Deportation and Denial Policy 2018
USCIS recently updated the following form(s):
I was moved from Company A to Company B on Sep 2017 on the basis of receipt notice but now on may 14 2018 i got denial notice for Company B & they immediately told me to stop working. My H1B got denied because of specialty occupation. My Company B again refile my H1B on premium but on 18th June 2018 again there is RFE on Specialty occupation..my company is planning to reply RFE but I don't know how much time they will take. So now my question is if my this new petition also got deny due to Specialty occupation then how many days i will get to leave from USA
Video Transcript
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I am in USA on my work visa from June 2007. My Current H-1B is valid till 08/20/2018, I have applied for Extension on 04/10/2018 (I-140 valid from February 2011). I have one US citizen kid and one H4. For any reason if I got RFE after 08/20/2018, can I apply for H- B transfer with other employer? If yes, do I need to go outside of Country and re-enter on new H-1B with visa stamp?
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Since I am leaving in USA legally from 11+ years, for any reason if H-1 extension denied. Can I apply for Asylum or another category where I can continue stay in USA (I am talking about apply for “Relief from Deportation under new Supreme Court Decision.)
Watch the Video on this FAQ: Applying for H-1B transfer while an extension request is under RFE
Video Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Discussion Topics, Thursday 19 July 2018:
FAQ: Getting promotions or changing job description while green card is pending || H-1B petition revocation during visa process/reaffirmation || Section 245(K) protection during AOS/I-485 || Specific issues in the Trump NTA policy for denials || Other: Humanitarian parole || How long can a green card holder stay outside the USA || TN TD issues || Registering for Selective Service || Getting married after getting a green card || Applying for advance parole || H-1, H-4 premium processing || Birth certificate for I-130 || F-1 COS denied for H-1B || Correcting priority date errors || H-1B quota where no COS or Visa || I-539 bridge petition
Present Status: I-140 is approved and priority date Jan 2016. I completed my MS in USA. My company attorney/HR is telling me I can't get promotion till I get my green card approved. As per them this is Immigration law or this is part of green card process. Can you please confirm if there is immigration law which tells that if your green card is pending then Job title can't be changed and promotion can't be awarded?
Video Transcript
If we are speaking of a green card filed through PERM it is complicated because any substantial change in the job requires you to refile the green card unless you have the intention to go back to the old job when you get the green card.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
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