JoeF

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Everything posted by JoeF

  1. This looks like a medical check. Way back when I did CP, they wanted an x-ray (TB check), and proof of MMR vaccination (which I didn't have, my parents didn't keep that, so I had to get the MMR shot...)
  2. A visitor visa doesn't allow immigration intent. She has shown immigration intent, so she risks being denied entry when using the visitor visa.
  3. That F1 issue had mostly to do with not having strong ties to your home country. The H1/H4 allow immigration intent, so that's not a problem with these.
  4. A visa stamp is an entry document. You don't need that for an H1 transfer.
  5. It may or may not work out. Hope for the best but be prepared for the worst.
  6. H1 extensions in the US with middle vendors are also scrutinized nowadays, due to employer-employee relationship. The best thing is to avoid situations with middle vendors. Direct employment or EC is best.
  7. The LC is for a particular job. If you get promoted, the job obviously has changed, so the PERM has to be started over for the new job (I doubt that you would go back to the old job, essentially a demotion, when the GC is approved.)
  8. With the COS to H1, you are no longer on L1 and are not allowed to work for the L1 employer anymore. A 2-week notice is not required in this case. No employer can force you to work for them if you don't have legal authorization to do so. US federal law overwrites any other contractual obligations. It would be illegal work, and knowledgeable HR would not allow you to continue working for the employer. Employment in the US is at will, anyway, and 2-week notices are just a courtesy. If an employer lays somebody off they don't give 2 weeks notice, and an employee doesn't have to, either. As the saying goes, "what's good for the goose is good for the gander", meaning if the employer can lay you off with no notice, you can quit with no notice as well.
  9. The employer-employee relationship is always an issue if there are middle vendors, even more so with multiple middle vendors.
  10. https://www.murthy.com/2012/02/16/amended-h1b-petitions/ https://www.murthy.com/2015/04/17/h1b-amendment-required-for-most-worksite-changes/
  11. They will just get denied because you have a GC. Of course, the employer can send a letter to withdraw them.
  12. Yeah, that's one of the problems with AC21. It only applies while the GC is pending. It is silent about the scenario you mention.
  13. The consular officers have some discretionary powers. Nobody can really say one way or the other.
  14. The category c) doesn't seem to be correct. If somebody does Consular Processing, the person doesn't get a GC abroad, the person gets an Immigrant Visa. The signature for the actual GC is collected at the POE. That's how it worked for me back when. It sure is interesting to learn that the latest form of the GC doesn't require a signature. Didn't know that.
  15. It is irrelevant for H1 stamping.
  16. USCIS has indeed issued a lot of RFEs for entry-level positions with Level 1 pay rate. This has been part of the increased H1 scrutiny under the current administration. You can find a lot of posts about that issue here and all over the Internet.
  17. Once you have been counted for the quota and haven't used the full H1 time, you can freely change between employers, it doesn't matter if they are for-profit or non-profit. Once you've been counted for the quota, all H1 transfers are cap-exempt. The total time on H1 allowed doesn't change. H1 is H1, the only issue is if the person has been counted for the quota or not.
  18. What do you mean with " I am full time with my employer"? If the employer is a consulting company, they will ask for a client letter.
  19. What pontevecchio said.
  20. This looks like an issue of employer-employee relationship, which is common nowadays when there are middle vendors. Finding another employer, either direct hire or EC, may be the best chance.
  21. That was a USCIS memo from 2015. It was posted here, I have a link on another computer. Will post later. The 60 day grace period applies if a person was working in valid H1 status and was laid off while in valid H1 status. It doesn't apply to you because you have never even worked on the H1. That's why you are out of status. Technically, you have to report to work for the H1 employer, could be for an hour or a minute. The employer of course has to pay you for the time you work there. That's all in the H1 rules, 8 CFR 214.2(h), and the LCA rules, 20 CFR 655.731. Basically, something like showing up in the office, saying, "here i am, ready to start working" would be enough. But of course, it doesn't work if the employer has told USCIS that the job no longer exists. I'd the employer has reported to USCIS that you don't work there, as he is required to do by DOL rules (available on doleta.gov), the H1 is gone for good. If he hasn't he would be required to pay you even if you don't work there; that's why employers are quick to inform USCIS.
  22. The consular officers don't like it if people visit the US on a visitor visa and then get married there and stay there, because that's contrary to the purpose of a visitor visa. But this looks like the officer is taking it out on your parents, and that's just wrong. Having said that, they have some discretionary power, and a visa is never guaranteed. Getting an immigration lawyer involved may help.
  23. Yes, you have to inform the old employer that you quit. If the employer doesn't pay you appropriately, you can file a complaint with DOL on form WH4. The DOL will make the employer pay you.