JoeF

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Everything posted by JoeF

  1. A company cannot request payment for the H1. That's in the law.
  2. Nobody is going to believe this "just for replacement". No store owner hands over the cash register to some arbitrary person. You worked without authorization, most likely regularly. That of course comes back to bite you. Seek the help of an immigration lawyer.
  3. If they stayed abroad for more than a year their GCs are invalid and can not be used. You would have to file for new GCs for them, form I-130 with Consular Processing.
  4. No issue. Your spouse's H4 doesn't depend on an employer, it depends on your H1.
  5. The time on L1 and H1 is combined. You would only get a full 6 years on H1 if you are abroad for at least a year.
  6. You would have to live with the child abroad for a year before the child could get a dependent visa. See https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/before-you-adopt/adoption-by-non-us-citizens-living-in-us.html
  7. You absolutely have to be outside the country for a year before a new H1 in the lottery can be filed. And day 1 cpt is a bad idea to begin with. It will cause problems with getting an H1 later on.
  8. You always need to get paid at least the salary listed on the LCA. And there is no "bench". That term is only used by shady consulting companies who don't pay the required salary.
  9. Immigration law is federal. State law can never override federal law. These things are never hidden for immigration proceedings.
  10. Yes. Hawaii is a state of the US. Travel there is the same as between New York and Los Angeles.
  11. For these things you should schedule a 1-on-1 appointment with an immigration lawyer. There is a "Contact Us" button at the top. Nobody can give specific advice on a forum, forums are only for general discussions.
  12. That's working illegally. On F1 a person can not work in some liqueur store. Your friend needs to discuss this issue with a good immigration lawyer.
  13. Unless you worked on the H1 or at least got the H1 visa stamp you are not counted for the quota and you can not transfer the H1. A new employer can file an H1 for you in the upcoming lottery.
  14. She can't work on H4. She would have to change to an F1 to be able to work on campus.
  15. Severance pay is at the employer's discretion. You are not entitled to it. And employment in the US is "at will", which means you can be laid off at any time, without warning. There are only a few exceptions, like discrimination.
  16. The same as for any other denial. You would have to go abroad and get a visitor from abroad.
  17. As soon as you report to the company you have to get paid. If they don't pay you file a complaint with DOL on form WH4, and find another employer.
  18. H1 revocation is irrelevant for you. The old employer was required by law to inform USCIS that you no longer work there. It has no effect on doing an H1 transfer.
  19. You are by definition not in any status if you are outside the country. You can work remotely from your home country.
  20. A visa is an entry document. It has nothing to do with a status change. You file form I-539 to change status to B2.
  21. When she is outside the US she is by definition not on H1. If her Canadian status allows her to work for a US company is something a Canadian immigration lawyer would have to answer. US laws don't apply in Canada.