Simultaneous filing of H-1 amendment and extension
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 would like to thank Khanna's Law office in every stage. Now he helped to cross the first stage. My Federal Labor certified. Even though we are client's to Rajiv, He treats clients as friend and some one very close to him by giving personal care and attention. Also his personnel's are also doing good job particularly Subha(Case Manager). I felt that my case has been taken with close personal care by Subha. You will feel, if you are dealing the case through Subha. I appreciate Subha's immediate response and perfect guidance, by treating us like a family member. I have no words to thank her. Also the follow up by Rajiv's office is excellent. I would like to thank Suman(Supervisor),Bindhiya and Mathew Chacko also in this time. Once again my heartful thanks to Rajiv for bringing my case to this level. I am also least bothered about my next stage, as I have good group of people like Rajiv and Subha with me. I strongly recommend every one to process through Rajiv's Office to get success.
I wish a very Happy and Prosperous New Year for Rajiv and his Team.