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.
Due to changes in processing within the Vermont Service Center (VSC), Requests for Evidence (RFEs) issued by the VSC will no longer be printed on yellow stock paper, but as of July 6, 2015, will instead be printed on white paper. As always, this document needs to be returned to the VSC with any evidence submitted in response to the request.
National Effort Highlights Agency’s Free Citizenship Preparation Tools
My employer did not run my payroll. He told me that we are going to get the project money after 2 months from client. Can I do something for that? If they do not run payroll can it create any problem?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Discussed: CSPA for EB-3 to EB-2; H-1B amendments; Marriage on B-2 visa/H-4; Consequences of travel without advance parole; Following to join process; H-1B liquidated damages contracts; Moving temporarily abroad while I-485 is pending; Relocation while green card is pending; Checking which MSA we are in; What is an H-1 amendment? Getting student visa while green card pending; L-2 EAD, etc.
FAQ: Simultaneous filing of H-1 amendment and extension, Green card through a future job, H-1 employer not paying, TN applying for green card.
Other Questions: Green card for relocated employee, H-1 time recapture and extension, Naturalization, L-1A and EB-1C, H-1B amendments, PERM and mesan tested benefits.
The Office of Foreign Labor Certification has updated the following H-2B forms: 1) Form 9142B - General Instructions; 2) Appendix B; 3) Form 9142B, Job Contractor Requirements under the 2015 H-2B Interim Final Rule. To access the forms, please click here.
Processing Time report has been released for NBC, VSC, TSC, NSC and CSC.
Please visit this link for more details.
http://www.immigration.com/uscis-service-center-processing-times
Each month, the Visa Office subdivides the annual preference and foreign state limitations specified by the INA into monthly allotments based on totals of documentarily qualified immigrant visa applicants reported at consular posts and CIS Offices, grouped by foreign state chargeability, preference category, and priority date.
When should my H-1B petition for an extension be filed?
An H-1B petition for extension may be submitted to USCIS no more than 6 months prior to the expiration of the current H-1B status.
I do not have an I-94 from my last entry to the US in June, but I need it for my H-1B renewal. What should I do?
Please refer to the following link for information on printing your I-94: http://www.immigration.com/news/general-nonimmigrant-visa/i-94-web-appl…
All USCIS offices worldwide are open. Activities continue despite Government Shutdown.
On the other hand The State Department had this announcement to make
The U.S. Securities and Exchange Commission’s Office of Investor Education and Advocacy and U.S. Citizenship and Immigration Services are jointly issuing this Investor Alert to warn individual investors about fraudulent investment scams that exploit the Immigrant Investor Program, also known as “EB-5.”
A big Thank you to the Law Office of Rajiv S. Khanna for all the valuable advice and help they provided with our Green Card processing! We just got the CPO emails yesterday and are waiting for the cards to arrive now. We highly recommend them for any kind of immigration work. Rajiv and his team are great to work with. For specific case informations, we have scheduled direct calls with Rajiv and he has always provided valuable advice at appropriate times.
1. Our employees are deployed at government sites. Are we still obliged to pay the H-1 wage?
2. Can we ask such employees to use their paid leave?
A1. Yes. In my view, that obligation continues unabated.
This chart shows the average amount of time it takes to receive a decision in a particular type of case after the case file is received by the AAO. Processing times are directly related to the volume of cases received.
A registered nurse who is coming to the United States to perform labor in covered health care occupations (other than as a physician) and wishes to apply for Immigrant Visa(Permanent Resident Status) is required to have the following:
While E-Verify is unavailable, you will not be able to access your E-Verify account. As a result, you will be unable to:
Physicians seeking a permanent employment opportunity in the United States and employers seeking to sponsor a physician for lawful permanent residency based on permanent employment in the United States must go through a multi-step process.
Foreign nationals and employers must determine whether the foreign national is eligible for lawful permanent residency under one of several, acceptable paths to lawful permanent residency.
I am currently on my Post-completion OPT. I was recently hired as an IT by a company which agreed to sponsor my H-1B. My OPT expires on January 2013. I've done my Associate Degree in Computer Science. Also, I have BS in Computer Science but from foreign country. Seven year experience in IT.I had my BS evaluated recently. It is equivalent to US Bachelors Degree in Computer Science Computer Technology.
Q1: I will have a gap of 3 months before April 1. How to maintain my status?
Q2: I am under STEM not with my US AAS but with my foreign BS degree. Can I extend my OPT with my evaluated diploma?
A1. You can consider going back to school or B-1/B-2 status. There is information on our blog on B-1/B-2 to maintain status.
Finally the day has come for which I have been waiting for a long. I sincerely thanks to Rajiv and his entire team for providing me high level professional services during the entire process. I especially thanks to Amrita and Prernaji for help me so much with all required processes and answering all my queries promptly. Both of them impressed me with their thorough knowledge of process. I would recommend Rajiv and his team to all my friends without any hesitation.