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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In my offer letter, they have mentioned if they sponsor H1b I need to work with them for 5 years. What happens if I change the company by down the road within these 5 years?
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.
I got my H-1B denial on 02/20/2020. H1B expired date : 1/31/2020. I-94 expired date: 2/10/2020. H1B extension denial date: 02/20/2020. H1B filed date: 12/07/2019. H1B RFE date: 12/27/2019. H1B RFE replied date: 02/02/2020. How long can I stay ?
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.
Can H-1B transfer happen in such case from company B? If yes then if this transfer is approved but previous H1b extension is not approved which is from company B will it impact my status in US? Can I work for company B still? Will there be any chance that I have to go to India and come back with stamped visa ?
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.
I have been scheduled for my interview next month after cancellation of the first one. I took three trips outside the US, and one last more than 6 months but less than one year. I waited for more than 5years since my last entrance which is June 2013 before applying for citizenship. Should I be worried about my interview since I broke the continuity of residency?
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.
My boyfriend is applying for his F1 Visa in July 2020 for fall semester 2020 for his MS in Finance at one of the US universities (deciding on which one right now). This is a question asked well in advanced so we are fully prepared.
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.
On 10 March 2020, a Washington DC Federal Court overturned the USCIS highly restrictive
standards applied to the consulting industry. This decision has a major positive impact on the IT
industry.
Judge Rosemary M. Collyer held that the USCIS must not administer justice through random
memoranda and must, if it wishes to change the regulations, do so through a formal process. In
fact, the USCIS seems to have illegally targeted the IT industry (“special treatment”):
In response to the Coronavirus (COVID-19) pandemic, U.S.
U.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic.
USCIS has received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations (H-1B cap). USCIS randomly selected from among the registrations properly submitted. USCIS intends to notify petitioners with selected registrations no later than March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.
U.S. Citizenship and Immigration Services today announced that, due to the ongoing COVID-19 National Emergency announced by President Trump on March 13, 2020, USCIS will accept all benefit forms and documents with reproduced original signatures, including the Form I-129, Petition for Nonimmigrant Worker, for submissions dated March 21, 2020, and beyond.
Discussion Topics, Thursday, 5 March 2020
FAQ: Denial of a tourist/visitors/B visa 214(b) ||citizenship/naturalization trips of more than six months abroad || Time of stay and definition of a manager/executive employee for L-1A and EB-1C ||Transfer of H-1B while extension is pending ||What to do after an H-1B (or L-1) denial? ||Work duration and damages contracts under H-1B ||I do not have my final degree/diploma certificate/what should I do?
OTHER: Scheduling green card interview in a third country consulate || multiple H-4 extensions simultaneously ||AR-11 change of address filing, etc.,
Discussion Topics, Thursday, 19 March 2020
FAQ: EB-1C - What if my priority date does not become current before my L1A expiry? Should I file an H1B for safety? If I do, will I get moved from EB1 to EB2 ? Should my wife try for H1B ? Is there any maximum number of tries for H1B? If neither me nor my wife manage to get a H1B visa in the next 3 years, is it ok to exit the country and come back when EB1 priority date becomes current ? What visa will I come back with? || Loss of job/laid off during Covid/coronavirus times
OTHER: Moving from a cap exempt H-1B, extension etc. || Apply for an H-1B extension while another MTR is pending || Rejoining old employer after withdrawn I-140 || 60 days grace period for H-1B || Travel during EAD/AP renewal || H-1B transfer or AC21?
I'm currently on H1B Visa with I-140 Approved. My Employer is sending to Canadian branch to work for 2 years. I have 1 person reporting the work to me (Offshore India). I'm not designated as a Manager. Upon return to US branch after 2 years completion in Canada. Does my application qualify for EB-1C category?
Video Transcript:
Maybe, maybe not. it depends.Looks like you will not qualify, but you never know.
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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