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Everything posted by JoeF

  1. Actually, no need for an I-20 if the person enrolls while on H4. The I-20 is only needed to change to F1. On H4, the person just enrolls and pays the tuition. That's it.
  2. That means the 60 day grace period is long over. You have to leave the country.
  3. I am sure there are flights out of the Bahamas that don't go through a US airport. May be more expensive...
  4. There are no dependents for naturalization. Anybody who fulfills the requirements can apply. It doesn't matter how the person got the GC, it only matters that the person has a GC and the other requirements are fulfilled.
  5. On H1, you can indeed only be a passive investor, i.e., putting money into a business and otherwise completely staying out of it.
  6. The EAD allows the person to work anywhere.
  7. It would go to the petitioner, i.e., the employer.
  8. You can't reopen anything. Only the employer can. And the employer should know how to do that. If not, the employer's lawyer (they have one, do they?) knows. You need to stay out of it.
  9. The OP can apply for a cap-subject H1 in April 2018. He just only would get 3.5 years. He is not cap-exempt n cause he had am L1, not an H1. He can only get the full 6 years if he applies next year.
  10. Generally, if you did not start working for the original employer, you are not considered counted in the quota. That means The H1 is gone.
  11. As I have mentioned earlier in this thread, only the employer can answer RFEs of file a motion. You need to stay out of it. If the employer doesn't know how to answer things, the employer needs to consult with an immigration lawyer.
  12. 6 years minus 2.5 years. The clock only resets if you are outside the US for at least a year and then a new H1 in the quota is FILED. According to your timeline, you haven't been a year abroad in April. Date of entry doesn't matter, date of filing matters.
  13. No, you can not. You ha e to wait for the approval to start working.
  14. She abandoned her due to the long stay abroad. She can not use a visitor visa since that doesn't allow immigration intent. You can file a new GC for her if she wants to stay. Or, she can give up th GC for good, form I-407, submitted at the consulate. That may allow her to get a new visitor visa.
  15. The 60 day grace period counts from the day you resigned from employer A. You don't have a valid H1 from B.
  16. In addition to what Noah said, the previous F1 attempts, which look like trying to go to shady/fraud universities, also are big red flags. A denial just after asking for the university name is a big giveaway. They know the names of these fraud institutions.
  17. That depends on the quality of the institution. If this is a public university there shouldn't be any issues with getting an F1 visa.
  18. The premium processing fees CAN be paid by the beneficiary, in most cases the employer pays it.
  19. No real university gives out CPT from day one. Signing up with a fraud institution would result in him never again getting an H1.
  20. Since you re-entered with the old H1, the time abroad doesn't count anymore. The clock ONLY resets if you are abroad for at least a year AND then get a new H1 in the quota.
  21. No. There is no 5 unused years. The H1 can only be for one year. The clock only resets if you are outside the US for at least one year and then a new H1 in the quota is FILED.
  22. Avoid anything with middle vendors. That has a very high risk of denial. Also, since you are currently on H4, you can NOT work with the receipt. You need to wait for approval. And without client letter, you won't get approval. Find another employer, either direct or EC.
  23. Bonuses don't count for the salary. You need to get paid the salary listed on the I-129.
  24. You can NOT start working for B on the new receipt notice, because you are out of status. You had a 60 day grace period from the day you left employer A. That is long over.
  25. No, that won't work. The project has to exist while applying and all the way through when you are starting on H1.