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Everything posted by JoeF

  1. The employer was required to inform USCIS that you no longer work there, which has resulted in H1 revocation. That means the have to file (and pay for) a new H1 petition for you, and you have to wait for the approval.
  2. Yes, it will be a new cap-exempt petition. The employer by law has to inform USCIS that you don;t work for them on the H1 in the US anymore, which will result in revocation of the H1. Remote employment is not employment on H1. It is orthogonal (unrelated) to any H1 stuff. So, if you want to come back to work for the employer on H1 in the US, the employer will have to file (and pay for) a new H1 petition, which will be cap-exempt.
  3. Hehe. Just because I'm nowadays living in the Central timezone (the only liberal city in Texas...), 2 hours ahead of my old digs in California. It's nice that we agree on this issue ;)
  4. If it is a legitimate university, e.g., a public university, there shouldn't be problems getting the visa in Canada.
  5. If the PD is current, an I-485 can be filed even if the I-140 isn't approved yet. However, it may be that I-140 and I-485 get approved before you marry, and then you would have to file an I-130 for your spouse in family category 2A, which has a backlog, so your spouse would not be able to come to the US for some time. Better to marry before filing an I-485.
  6. For unemployment benefits, you have to be willing and able to work in any job. An I-140 is not work authorization, so you can not file for unemployment benefits.
  7. There is no specific timeline. It can take a few weeks to several months. Both the employer and the lawyer get the notices.
  8. Is the H1 from the same employer? If so, then the H1 is gone. The employer BY LAW is required to inform USCIS that the person no longer works there, which will result in H1 revocation. Since this is before Oct. 1, the person is not considered counted for the quota.
  9. And btw, even US citizens have to verify employment authorization with form I-9.
  10. No, but it is known that to get a visa stamp for another company, pending visa applications have to be withdrawn. Ask your lawyer if you don't believe me.
  11. Again, why, if you knew all that, did you sign up with such a company? You still haven't answered that. Instead, you go off on irrelevant tangents. And since you are talking about "Phd holders", signing up with a shady company shows that you are not PhD material.
  12. Huh? Neither. I am an immigrant. From Europe, btw. People who have read my posts over the years know that...
  13. Do you have an approved I140? Because if not, you wouldn't be able to extend the H1. The form has fields that really only apply to visitors, so just write NA in there. They understand that some things don't apply to people who go for an H1 visa. Just use common sense.
  14. You have to withdraw the old visa application.
  15. You don't say what you status is or how long you have been in that status. Linking to some file somewhere is really really lame. If you want an answer, do your homework, and post meaningful data here. I for one won't spend my precious time to get some app to display a word doc on my phone or my Linux computer.
  16. A lot of these shady "universities" are for-profit institutions. A degree from a for-profit institution, even an accredited one, can NOT be used for an H1 in the Masters quota. Care to tell us the name of the institution?
  17. A company can not revoke an H1. Only USCIS can do that. And USCIS will do that once they get informed by the company that the person is no longer working there. The company is required by law to inform USCIS. But again, it is irrelevant for you. All that matters for you is that you can always, even with the H1 revoked, get the remaining 2 years (and more with the I-140) of cap-exempt H1. Simply forget about H1 revocation. It is irrelevant for you. It is just an administrative thing and has no effect on you or your ability to get a cap-exempt H1 in the future.
  18. Hmm, may I ask where you see me talking about giving up Canadian citizenship? I was talking only about Canadian Permanent Residency. Giving up other residencies doesn't mean giving up other citizenships. Two orthogonal things.
  19. It is always a bad idea to file a second I-485. Interfiling is the way to go, i.e., telling USCIS to change the underlying immigrant petition from the I-140 to the I-130. Ask an immigration lawyer about doing that.
  20. It won't matter while the US GC is pending. When you get US Permanent Residency, they require you to give up other residencies. It won't matter if you have become a Canadian citizen by that time.
  21. You need to discuss this with a labor lawyer. There are too many state laws involved.
  22. The employer is required BY LAW to inform USCIS if you are no longer working there. That will result in H1 revocation. Are you telling us that the employer is going to break the law? H1 revocation is irrelevant for your ability to get a cap-exempt H1. But, getting a B2 is going to be nearly impossible, since the B2 does not allow immigration intent. You have shown immigration intent with the I-140.
  23. The L2 EAD allows her to work anywhere, even in parallel. But, fulltime employment contracts usually prohibit side jobs without company approval. So, this is more a contract issue than an immigration issue.
  24. No real university gives out CPT from day one. And consulates don't issue F1s for fraud universities anymore. They have learned. And signing up with a fraud institution would just kill your future in the US. An F1 is for studying, not for working.