JoeF

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Everything posted by JoeF

  1. The employer has to pay all the H1 fees.
  2. While Stratford was a rather bad university, they were accredited at that time, as far as I remember. So it should be ok. What happened to that institution after you got the degree can not be held against you.
  3. When she entered the US with the immigrant visa she got an I-551 stamp in her passport. That has the same value as the actual Green card, although it is only valid for one year. So, she can travel abroad and just show the stamp on return.
  4. It is easy to create a paper trail of the phone calls: send an email summarizing the call, and ask the employer to correct any mistakes. If the employer doesn't pay you file a complaint with DOL on form WH4. That also helps transferring the H1 to a ne employer.
  5. An F1 is for studying, not for working. No real university does CPT from day one.
  6. If your I-94 is expired there is no grace period. The rule about the grace period is: 60 days or the expiration date of the I-94, whichever is earlier.
  7. Pretty much none. A visitor visa would be hard to get because of perceived immigration intent.
  8. If you got the H1 visa stamp you should be cap-exempt. The rule is that you have to start working on the H1 or at least gotten the visa stamp to be considered counted for the quota.
  9. If they want to get a visitor visa that would have to voluntarily give up their GCs. There's a form for that, I-407. If they are abroad for more than a year the GC becomes invalid. If they want to live in the US again you would have to file new GCs for them.
  10. If you have not had an H1 before you would need to go through the lottery.
  11. In addition, having a complaint with DOL on form WH4 on file can help with a transfer.
  12. You need to have a degree in the field of work to be able to get an H1.
  13. The employer has to pay you for real, including providing pay stubs, even if you don't have a project. It actually is in the employer's best interest to get you a project. If the employer doesn't pay you file a complaint with DOL on form WH4. That also helps with getting a transfer approved.
  14. That essentially means you are making yourself available to the employer, so, yes, you have to get paid as soon as you make yourself available to the employer.
  15. If he moves out of the country the H4 becomes invalid.
  16. And even with a reentry permit, you can only visit abroad. You still have to live in the US. Furthermore, besides having an active GC, you have to fulfill the residency and physical presence requirements as listed on the USCIS website.
  17. With a GC you have to live in the US. It is called Permanent Residence for a reason. If you moved back to your home country you essentially have abandoned the GC. Because of that, any talk about citizenship is moot.
  18. You are not the petitioner,the employer is the petitioner. You are the beneficiary. You have to have the experience the job requires,and of course a 4-year college degree in the field of the occupation.
  19. Generally, to be considered counted for the quota, you have to start working on the H1, or at least get the H1 visa stamp. Only then can you avoid the lottery.
  20. The H1 allows immigration intent, so there is no issue to get an H1 with a pending family immigration case.
  21. An I-140 can not be transferred. The process has to start over from scratch. You can keep the original PD, though.
  22. No. This "turning around a flagpole" does not result in another 6 months. She would only get the remainder of her current 6 month stay.