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
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.
AAO Processing Times as of August 1, 2014 |
||
Form Number |
Case Type |
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.
AAO Processing Times as of August 1, 2014 |
||
Form Number |
Case Type |
Thanks so much Rajiv Ji for your valuable advise and direction through out the processing of my GC. I really appreciate it.
Immigration.Com has received the following question, which I think is important enough to be answered in a format accessible to all the people abroad interested in starting a business in the USA.
The Question
I am very greatfull to Rajiv Ji and his team for immediately responding to my request for help when I needed it in my immigration problems and queries, on calling Rajiv Ji's office the staff was very co-operative and scheduled a phone appointment with Rajiv Ji at the earliest since the time I had called and Rajiv Ji spoke to me the next day and answered all my queries without charging for it. which is the biggest help I could get. Words are not enough to Thank him for all the help he gives to people in need in his busy schedule at his position. Only Rajiv Ji can handle to help people and carry on his office with his profession in such a efficient way. He is the most kind and helping Immigration Attorney I know of in the USA. My prayers and best wishes go with him for God to shower his choicest blessings on him and his profession to flourish. THANK YOU RAJIV JI............:) YOU are like the light in the tunnel for Immigrants like me here in this foreign land.
USCIS customers can use the overnight delivery or courier service of their choice to receive certain documents. This option provides greater customer service by allowing you to select your preferred delivery service provider to receive documents such as approval and denial notices, requests for evidence, and most travel documents.
To ensure your overnight delivery requests are not delayed, please remember to:
U.S. Citizenship and Immigration Services (USCIS) is closely monitoring the Ebola outbreak in West Africa. USCIS offers relief measures to nationals of those three countries who are currently in the United States.
Immigration relief measures that may be available if requested include:
Very helpful and understandig staff. Fast processing..