JoeF

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Everything posted by JoeF

  1. The AP is invalid now. You need the GC.
  2. Hmm, your post is not very clear. EB2 is a path to a Green card, once you have the GC how you got there is pretty much irrelevant. It is not clear if you actually have a GC, then EB2 or EB3 are irrelevant, or if you are still in the process of getting a GC. If you have a GC the company can not do anything to it.
  3. JoeF

    AVR on h4ead

    AVR dies not work with visa stamping.
  4. Once you have the GC your spouse's H4 becomes invalid.
  5. An I-130 and I-485 can be filed. Note that once the GC is approved she has to live in the US.
  6. An I-140 doesn't transfer to a new employer. The new employer would have to start the process over from scratch. The only thing that you can keep is the priority date from the old I-140.
  7. Did you get paid? The IRS has a form on their website to report if you didn't get a W2. They will then contact the employer.
  8. A company cannot request payment for the H1. That's in the law.
  9. 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.
  10. 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.
  11. No issue. Your spouse's H4 doesn't depend on an employer, it depends on your H1.
  12. 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.
  13. 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
  14. 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.
  15. 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.
  16. Immigration law is federal. State law can never override federal law. These things are never hidden for immigration proceedings.
  17. Yes. Hawaii is a state of the US. Travel there is the same as between New York and Los Angeles.
  18. 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.
  19. 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.
  20. 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.
  21. She can't work on H4. She would have to change to an F1 to be able to work on campus.