JoeF

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.

In H1 status you can only work for your employer.

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.

If you have not had an H1 before you would need to go through the lottery.

In addition, having a complaint with DOL on form WH4 on file can help with a transfer.

You need to have a degree in the field of work to be able to get an H1.

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.

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.

If he moves out of the country the H4 becomes invalid.

You explain it as you explained it here.

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.

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.

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.

File a complaint with DOL on form WH4.

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.

The H1 allows immigration intent, so there is no issue to get an H1 with a pending family immigration case.

An I-140 can not be transferred. The process has to start over from scratch. You can keep the original PD, though.

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.

No. It generally is possible for somebody on H4 to stay in the US if the person on H1 is on a short vacation abroad. But not for a whole year.

The rule is that if this was a COS you have to start working for the employer on the H1 to be considered counted for the quota and therefore being able to transfer the H1. There is no specific duration, so technically you could work for 1 day and then quit. However, USCIS usually wants to see a paycheck, to see that the person actually did work for the employer. So, it usually is recommended to work for 1 or 2 pay periods before changing jobs. Oh, and once you report to work they have to start paying you, even if they don't have a client for you. If you are outside the US, getting the H1 visa stamp is considered being counted in the quota, so in that case a transfer would be possible without working for the employer, but having the visa stamp.

For EB2 NIW you don't need a job offer, so you can change jobs if the new employer files an H1 for you. The I-140 doesn't give you work authorization. It stays valid, and when the PD becomes current you can file an I-485.

If you don't get paid that's a good reason to look to change jobs. No problems.

Sorry, I don't think so.

You can volunteer for an organization where everybody volunteers, e.g., a church. You can not volunteer for an organization where people in the same or similar position are paid. Also, this doesn't provide you any status. You would still have to work for and get paid by an H1 employer.

8CFR205 is available on the USCIS website: "In employment-based preference cases, upon written notice of withdrawal filed by the petitioner to any officer of USCIS who is authorized to grant or deny petitions, where the withdrawal is filed less than 180 days after approval of the employment-based preference petition, unless an associated adjustment of status application has been pending for 180 days or more. A petition that is withdrawn 180 days or more after its approval, or 180 days or more after the associated adjustment of status application has been filed, remains approved unless its approval is revoked on other grounds. If an employment-based petition on behalf of an alien is withdrawn, the job offer of the petitioning employer is rescinded and the alien must obtain a new employment-based preference petition in order to seek adjustment of status or issuance of an immigrant visa as an employment-based immigrant, unless eligible for adjustment of status under section 204(j) of the Act and in accordance with 8 CFR 245.25. " Basically says what I posted in plain English. You can keep the PD, but the job offer is rescinded, meaning the process has to start from scratch. You just keep the PD. If the PD is current an I-485 usually has to be filed within a year of I-140 approval. Actually, if the PD is current, I-140 and I-485 can be filed in parallel.