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Everything posted by JoeF

  1. For OPT extension, the employer needs to be e-verified. The employer also would have to handle an H1, and get a lawyer if necessary. Your manager and HR would have to handle that.
  2. As I said, the unused OPT is gone, you can't get that back. STEM OPT may be possible.
  3. ACCT, I guess? They are closing down by the end of the year because they are a fake institution and have been ordered closed by the Virginia authorities. The OPT is gone. It can not be reused. Find a real university, a public one, this time.
  4. You are not on H1 when you are abroad, by definition, so there are no issues. Don't lie. Nobody gets 3 months paid vacation. You may need to have a letter from the employer stating that you continue to be employed by the employer.
  5. This is a forum for US visas/immigration. Unless your CPT was legit (very rare), your H1 has a high possibility of denial. And getting a Canadian work visa isn't easy, either. They have pretty strict requirements.
  6. You or your friend seems to be confused. An H1 transfer always *is* a new, cap-exempt H1. Technically, there is no such thing as a transfer. It is always just a new H1 petition. The lawyers should be able to explain that to him.
  7. There is no visa stamping in the US. It is only done at a US Consulate, i.e., outside the US.
  8. It has to be a real recruitment process. The whole idea of employment-based immigration is that it is only possible if there is no American (or other person with work authorization, like somebody with a GC) able or willing to work in the position. If a resume is rejected, the employer has to explain to DOL why the applicant is not qualified. And DOL doesn't accept "we didn't like the person" or "we thought it is just a formality" as reason... Also, tailoring the ad to the immigrant is not allowed, either. The lawyer can explain all that to you in detail.
  9. If the new EAD isn't approved by the time the old one expires, she will have to stop working, and she can only start again when the new EAD is approved.
  10. First, no real university allows CPT from day one. Legitimate CPT is very rare. Second, once you have gotten OPT for 12 months, even if you didn't use all of it, you can only get OPT (or CPT) for a higher academic level. 8 CFR 214.2(f)(10).
  11. Sorry, there are no special visas, or GC speedup for such cases. The only thing I could think of would be humanitarian parole, but even that is a long shot. Your friend may want to discuss his situation with a good immigration lawyer.
  12. "Slightly changed" wouldn't cut it. That would just result in a denial due to it being an obvious attempt to get around the rules. It would have to be a significantly different position. Does the employer have a lawyer for this? If not, they should get one.
  13. The EAD would not be processed until the H4 is approved.
  14. Indeed. The OP should think rationally and not have his emotions take the better of him.
  15. She can study on H4, but would have to pay out-of-state tuition.
  16. If you left the job, you are no longer on H1, because you don't comply with the H1 rules anymore. Only the pending COS keeps you legal. So the time since you left the job does not count towards the H1 time.
  17. No. The financial obligations only end of the person has worked for 10 years in the US or if the person gets US citizenship. It can not be cancelled by the sponsor.
  18. No, the rule is that once a person has used all the time on H1 or L1, the person can not get another H1 or L1 without having been abroad for a year. H4 and L2 are decoupled from that. And the H4 EAD is tied to the H4 only.
  19. If you left the job, you are no longer in H1 status. You are essentially in "pending F1" status. Coming from an H1, it is legal to enroll while the COS is pending. In certain instances, like a COS from B2 to F1, enrolling is not possible until the COS is approved.
  20. As a Permanent Resident, you have to live in the US. All trips abroad have to be temporary in nature. Moving abroad risks the GC, and obviously, without GC no naturalization. The N-470 that was mentioned can help in certain circumstances if your employer sends you abroad on an assignment. But the devil is in the details, and a consultation with a good immigration lawyer would certainly be very helpful.
  21. Even if there was, it would be useless information. Processing times for each application are different, there may be RFEs, each examiner works at a different pace, and puts emphasis on different things, which influences the processing times, sometimes examiners are pulled off to work on other applications, etc. In short, there are too many variables.
  22. The salary always has to be at least the prevailing wage for the job in the region where the job is located. The LCA lists the salary. The employer was required to give you a copy of the LCA when you started the job. For H1-dependent employers, additional rules apply.
  23. That is in her file now. Every application will be scrutinized. An F2 is not likely to get approved with you on OPT. As I always say: Rule #1: Never lie to immigration officials.
  24. If the employer has clients, they *are* a consulting firm...
  25. No. As long as the H1 is pending there is nothing to transfer. You would have to get an approval and work for the original H1 employer before a transfer would be possible.