pontevecchio

Your company may do a background check. Help yourself. Get a Good Lawyer to advise you.

Yes.

Yes.

Based on the pending COS you can certainly have an employer file and get your status changed to H1. Obviously this needs a Lawyer to help.

If you leave before the H4 COS is decided the COS is deemed denied. Also if you find a H1 sponsor you can leave at that time and come back with the H1 visa since travel nullifies the H4 COS.

You should consider the CP route with a H1 visa.

@RAK... What part of "The visa remains valid"" is alien to you? The visa stamp in the Passport is called the VISA. That is an entry document. In your case you should get a new visa

Correct.

Can you not use GOOGLE? to locate the Aytes Memo of 1997? company A HAS to revoke the H1 petition as per the law. No company can revoke a visa. Please do not use the word visa when you mean petition.

Please read post #3 again.

No problem.

A speeding ticket is not an arrest. Hopefully you were not driving at 120 miles/hr.

T75 is correct. Emotions have no role in business. Ethics have every role in all facets of life.

@ viharik Why has a visa stamp become a hurdle? For legal opinion please hire a Lawyer.

July 8, 1997 All District Directors All Officers-in-Charge Office of Benefits Service Center Directors (HQBEN) All Port Directors This office has received a number of inquiries from the public and Service officers concerning the validity of certain nonimmigrant visas where the beneficiary changes employers but remains in the same nonimmigrant classification. This issue has generated a substantial amount of correspondence between the Service and the Department of State (DOS). The purpose of this memorandum is to provide you with the current policy of the Service and the DOS with respect to this issue. The issue arises where, for example, an alien enters the United States as an H-1B nonimmigrant on the basis of a petition filed by "Company A." After commencing employment, the alien receives a more attractive job offer from "Company B." Company B files a new H-1B petition in the alien’s behalf which is approved by the INS. The alien then begins employment with Company B. The alien subsequently leaves the United States and then applies for admission as an H-1B nonimmigrant alien to work for Company B presenting the H-1B visa issued to him based on Company A’s petition. Be advised that the current Service and DOS policy is that, in the case of an H, L, O, or P nonimmigrant visa, the visa remains valid during its validity period regardless of a change in the beneficiary’s employer. As long as the alien remains in the same nonimmigrant classification, the visa is considered to be valid up until the date of its expiration. An H, L, O, or P nonimmigrant alien who changes employers in the United States, but remains in the same nonimmigrant classification, may use the previously issued visa to apply for admission to the United States if it is still valid. The policy will continue until further notice. This memorandum relates only to the H, L, O and P nonimmigrant classifications. In addition, service officers are again reminded that H-1B and L-1 nonimmigrant aliens should be admitted for the validity period of the supporting petition, if otherwise admissible. Officers should not arbitrarily limit the admission period of an H-1B or L-1 nonimmigrant alien. Michael L. Aytes Assistant Commissioner

Give the firm of Murthy a call. The CBP[ will not change her I94. In view of the 6 month plus Out of status they will need to file a petition asking the USCIS to forgive the error and restore her back to status. Make sure you contact the Lawyers Office NOW.

@virus.... Unfortunately not. She will need to apply for an extension. What are your intentions?

You can use the current visa.

By enormous scrutiny I man it would be considered fraud in many cases if one enters as a tourist and then tries to get married with preconceived intent and tries to change status. You can certainly get married here. She should then leave and come back with the H4 visa.

You are going into deep waters. Are you already married to this girl in India? Any person coming on B2 and then trying to change to H4 status will be subject to enormous scrutiny and even may be accused of misrepresentation. Get your visa in Canada and then let her get the H4 visa at the right time.

is the girl your wife/?

No Issues. Why bypass your Lawyer?

You should go together and get the H1 and H4 visa. Details about the process are on the relevant consulate website.

1. No. Not if you remain a student on F1 till you leave. 2. Yes 3. YES 4. Proof of Marriage and proof of his valid H1 status..petition..stubs..I94. Have a look at the relevant consulate website.

"If my H-1B extension gets denied then I will be in "Pending AOS status" from Jan 1st 2012" That is not true. You will be in awaiting AOS as soon as you file after the dates are current and get the receipt while you are still in any valid status..in this case H1. Once your AOS application is on file which means you have the receipt while you are in valid H1 status you can stay even if the H1 is denied. What makes you think the H1 with the GC sponsor would be denied. In that case you would need to think about the GC itself. Surely it is not easier to get a GC than get a H1 petition approved? Talk to a Lawyer about 245k which forgives up to 180 days working out of status ie without H1 approval or a valid EAD. You cannot expedite the EAD for this reason.