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JoeF last won the day on June 18 2013

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About JoeF

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    Got helped? Now help !!

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  1. Yes. The G28 tells them who is representing you. Without that, all paperwork would continue to go to the old lawyer.
  2. That's a great link! Thank you for that.
  3. The employer is not a lawyer, so mistakes can happen. It would have been your responsibility to make sure things are ok, e.g., by having things checked by your own lawyer. When you buy a car, you probably have it looked over by a mechanic (or are you ok with giving me top money for a car that drives out of the parking lot, but breaks down once you drive 40-50 mph?) When your work permission is concerned, you should be even more diligent. But the employer has to pay for the H1. If it isn't a year since that violation, you can file a complaint with DOL on form WH4.
  4. If you enter with the H1 stamp before Oct. 1, i.e., in the 10-day range before Oct. 1, you can only work from Oct. 1 on. You are in H1 status, in the H1 grace period, and the work authorization starts on Oct. 1. You are not on F1 if you enter on H1, and therefore the OPT would be gone.
  5. When you are outside the US, you are not in any status, by definition. And OPT is not a status, anyway. OPT is part of the F1, when you are in the US with OPT, you are in F1 status. When are you planning to come back from your trip? Do you have an F1 visa stamp?
  6. You don't need to show the H1 or receipt notice when traveling domestically. US Driver's license or passport is enough.
  7. "214 letter" is still vague. There are lots of different subsections of the Immigration and Nationality Act Section 214 (which that refers to.) The subsection matters. As I said, get a copy of that letter. All communication from the consulate would be listed on that letter.
  8. It is not possible for you to apply for a visitor visa for somebody else. THEY sign the documents, that means THEY apply. You may help them fill out the paperwork, but THEY apply.
  9. Receipt notice is the official confirmation. You can also be sure it has been accepted if the check has been cashed. I think you are good. It usually only takes 1-2 days to enter an application into their system. I just mentioned the caution about the need to receive if on time because some people cut it very close and send it on the last day of the month...
  10. There could be lots. USCIS could reject the H1 outright for a number of reasons, and then you would have worked illegally. One thing coming to mind (because it happened way back with my first H1) is something wrong with the signature (missing, or no indication if the person was authorized to sign; which happened in my case way back when.) Or the check is in the wrong amount, etc. etc. Once they have entered the petition into their system, they at least accepted the petition. The USCIS receipt, or the check being cashed are indications that the petition was accepted. A FedEx receipt just shows that it arrived in the mailroom. No enough to start working.
  11. So, why did you go with company B for the H1 then? If you took a gamble, hold up your end of the stick.. Or, said another way, you made your bed, no lie in it. People from reputed universities usually can get job offers from real companies (unless they barely graduated.) Company C could apply in next year's quota.
  12. An I-140 doesn't give you any immigration rights. You may retain the PD with an approved I-140, but you would have to leave the country when your OPT expires if you can't get an H1. And travel on F1 with a pending or approved I-140 is very risky because the F1 doesn't allow immigration intent. PERM doesn't indicate immigration intent, so travel wouldn't be an issue if an I-140 isn't filed.
  13. You have to be truthful. A lie could result in a permanent ban. USCIS knows the dates anyway. The company is required to report that. So, rule #1: NEVER NEVER NEVER lie in immigration matters. It only makes a bad situation much worse. Be an adult and own up to it.
  14. You have to start working on H1 from Oct. 1 on for the original H1 employer to be able to transfer the H1 to another employer. And "going to school" does not allow you to work for another employer, either. Going to school is for studying.
  15. EAD/AP can be processed at any time while an I-485 is pending. The important thing is that they receive the I-485 while the PD is current.