Everything posted by JoeF
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Did you get an H1 visa stamp? If not, the H1 is gone.
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Layoff - Can I change status from EAD to H1 and then again to EAD.
JoeF replied to Hroom's topic in 140/485 Concurrent Filing
There is no way for a dependent to get an EAD based on your EAD. If you stay on H1 your spouse on H4 can get an H4-EAD. -
Does I-539 denied mean cancellation of visa?
JoeF replied to Vijay Gunda's topic in Non-Immigrant Issues
If a visitor overstays, then the visa is indeed automatically canceled. -
Hmm, this is an interesting scenario I have never seen. The rule only says that short visits to the US for business or pleasure interrupt the requirement of a year abroad. If the one year is reached just with the weekends, a literal reading of the rules would indicate that the clock did reset. But it would not surprise me if a USCIS examiner would give you a hard time, so you should run this by a good immigration lawyer.
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You can not work in the US without sponsorship. You can visit the US for 3 months without a visa, but that does NOT allow you to work. Getting a work visa is the same for everybody, there are no special rules for people from the UK.
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Does H1b employer change requires visa restamping on re-entry
JoeF replied to Dave1985's topic in H1B : Visa Stamp
You can enter with the existing visa stamp and a copy of the new employer's approval notice. -
You can do side work with the EAD. You may have to check your employment contract to see if it allows work on the side.
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H1B Transfer from Profit to Non-profit organization
JoeF replied to Sunny191's topic in H1B : General
Once you have been counted in the lottery you can freely switch between for-profit and non-profit organizations. -
She can do that. Look up self-employment. There are lots of books about that. Sh could also work as employee for some company.
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No issue.
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Fresh H1B petition during the 1-year cooling-off period
JoeF replied to VishalPP's topic in H1B : General
The employer is right. A new H1 petition can only be filed after at least a year abroad. -
You may need a letter from the employer that the position still exists for you.
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The rule is that an LPR has to reside, live, in the US. Any travel abroad has to be temporary in nature. Travel abroad for over 6 months has a rebuttable assumption of abandoning the GC, it is for sure lost with a stay abroad of over a year. This is about duration, not calendar year. It is not and has never been enough to just travel to the US once or twice a year.
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What did you do from March 1 through April 1? While the law is that you have up to 30 days to report to work, as soon as you do report to work, e.g., for training, the employer has to pay you. If you get paid properly you can of course change jobs just fine.
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Multiple related companies filing H1s for the same person is a disqualifying thing. If B and C both filed an H1 for you all of the H1s filed for you may be disqualified. You need to discuss your situation with a good immigration lawyer ASAP.
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Living abroad and traveling once a year is not and has never been enough to keep the GC. She has to actually live in the US. It is called Permanent Residency for a reason.
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That H1 is gone. It can not be transferred.
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Filing AOS while on grace period after layoff
JoeF replied to sincerelystressed's topic in AOS & CP : General
He is legal during the grace period, so he can file a marriage-based AOS just fine. -
You have a job, with the employer, and you absolutely need to get paid. If the employer doesn't pay you file a complaint with DOL on form WH4. That also allows you to transfer to another employer.