victor_26

Does the last action rule not apply even if the amendment and transfer are both based on the approved 140? i.e the applicant is already past 6 years and his previous extension was based on the approved 140. Thanks,

Hi Friends, Below is question I have on the H1B Amendment and H1B transfer being filed almost at the same time with little gap with USCIS for the same person. The H1B Amendment is in light of the new H1B 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. 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? a) H1B Amendment with Current Employer b) H1B Transfer to New employer while H1B Amendment is pending with Current Employer. 2. If the answer for the above is 'Yes', then incase the H1B Amendment Approval comes after the H1B Transfer would the H1B transfer to the new employer that was approved earlier be automatically nullified? 3. If the answer for #2 above is 'Yes' Is there any way to request USCIS to consider the H1B Transfer approval to new employer as the primary incase that get approved earlier and avoid the H1B amendment to dictate the latest H1B 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 H1B amendment has the authority to request any cancellation/withdrawal of the H1B amendment?) 4. Also does the current suspension of H1B premium processing apply even for the H1B transfers (with a new extension for 3 Years) or is it only for new H1B extensions of Petitions from the current employer? Thanks a lot for your help.