pontevecchio

Members
  • Posts

    20,890
  • Joined

  • Last visited

Everything posted by pontevecchio

  1. Overstays of more than 6 months mean a 3-year ban. In your case, there should not be any problem.
  2. You can use either the B1 or the B2 visa as appropriate and for generally recognized indications. So conferences, seminars and contract negotiations are permitted.
  3. You cannot enter on an H1 visa if you are not taking up a job with the H1 sponsor. You will need a H4 visa.
  4. You can use the current visa and the latest H1 Petition approval to return. Make sure to show the officer only the latest H1 Petition.
  5. Unless you got an H1 VISA stamp or worked for the sponsor, your H1 petition is not valid now for a transfer.
  6. H1 I94 validity will be till the expiry date of the latest approved H1 petition. You will show the latest petition on arrival and get the appropriate I94. This will supersede your existing I94 which came with the latest petition approval.
  7. If your spouse wants to return in H4 status assuming you are in H1 status, he will need to go and first get the H4 visa and then return.
  8. If you entered on an H1 VISA stamp, you could very well change employers. It is vital to get lawyer guidance as you are in the firing line. You can ask B to file an H1 petition for you in Premium Processing. Should they be successful and you get approval with an I94, you are fine.
  9. It is very unlikely that a COS from B2 to F1 will be granted. In the past one informed the CBP Officer on entry that one is looking at some courses and may convert to F1 and got a potential student notation made which was presumably made to facilitate a future COS. In view of the time constraints and the fact that a preconceived idea may be misinterpreted as an attempt to game the system and avoid visa issues.
  10. The fact that you got the visa stamp after H1 Petition Approval renders you cap counted and eligible to transfer H1 Employees. It will be to your advantage to consult a lawyer who will be able to confirm this for any future H1 employer.
  11. You should get guidance from a lawyer as I believe the rules for L2 EAD have been significantly changed.
  12. Once you leave her H4 status is lost. Depending on the reason why she wants to stay, she can file a COS to B2 and leave before they decide. No grace period is involved.
  13. "Unexpired passport valid for eight (8) months beyond your intended date of entry to the United States." I would take this statement seriously and get your passport renewed. I understand TATKAL is very fast.?
  14. Since you will need the passport in the future you should renew it using Tatkal, if allowed.
  15. If you actually showed the CBP Officer the latest H1 approval in JUNE, or even claim that you did, get the I94 corrected at the CBP Office at the Airport.
  16. You can enter until the validity of the H1 visa and show the latest extension and get admitted for 2 more years.
  17. Since the basis was employment, nothing happens if she leaves as you both have the GC. Since the matter is important enough discuss the whole matter with a lawyer.
  18. At all costs avoid the J1 route as it will be denied. H1 or O1 are both OK. Talk to a lawyer about the whole situation.
  19. 1. Ask the employer what his intentions are. 2. If he remains coy about it, you can remind him that your salary is his companies business/problem 3. Try written communication for all interactions. 4. Complain in writing on the appropriate forms to the federal DOL. With the receipt for the complaint, you may be able to "transfer" 5. stay firm but polite. Except for the previous despot, victims are not punished in the country . 6. Even if there were money considerations on your side, make a complaint. The alternative is Home, Sweet Home. 7. If you like shortcuts, first discuss your situation with an Immigration lawyer, maybe the firm of Murthy or any of your choice.