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Everything posted by JoeF

  1. Did you pay for the H1? You have to trust the employer's word.
  2. It is illegal to pay for an H1. Why did you wait this long? It is possible to file a complaint with DOL on form WH4 for up to 1 year after the H1 violation. Next time, stay away from any employer who wants money for an H1. Such employers are frauds.
  3. Form I-134 is completely irrelevant. It is never needed, and it isn't even enforceable.
  4. The old employer had to inform USCIS when tou stopped working there. If they want to hire you back, they would have to file (and pay for) a new H1 petition.
  5. Having entered on H4 is probably the problem here. If you had entered with a visitor visa, just adding 5 days would have worked (see the quote from 8 CFR 214.2(l)(1)(ii) below.) You need to discuss your situation with a good immigration lawyer. "(ii) Definitions—(A) Intracompany transferee means an alien who, within three years preceding the time of his or her application for admission into the United States, has been employed abroad continuously for one year by a firm or corporation or other legal entity or parent, branch, affiliate, or subsidiary thereof, and who seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof in a capacity that is managerial, executive, or involves specialized knowledge. Periods spent in the United States in lawful status for a branch of the same employer or a parent, affiliate, or subsidiary thereof and brief trips to the United States for business or pleasure shall not be interruptive of the one year of continuous employment abroad but such periods shall not be counted toward fulfillment of that requirement. "
  6. The employer has to pay these fees and can't get reimbursed for them. That's in 20CFR655.731, which is referenced on the LCA that the employer signed, so they are aware of it.
  7. On H1, you ha e to get paid all the time while in the US, even without a project. That's the law, and the employer knows it. File a complaint with DOL on form WH4. And find a better employer.
  8. The employer has to inform USCIS that you no longer work there, and cancel the H1 petition. It is not possible to transfer an H1 unless you have been working for the employer on the H1. In short, that H1 is gone.
  9. When you are outside the US you are by definition not in any status, so there is no issue about your H1.
  10. The fact is that his H1 expires 10 days before the I-94 expires. There is a 10-day grace period after the H1 expires. Check the law.
  11. They do cancel existing visas.
  12. As you know, there are new rules that don't allow OPT employment through staffing/consulting companies anymore. You have to update your employment information otherwise it is illegal employment, and your F1/OPT would be gone forever. So, get a job with a real employer.
  13. That depends on how the H1 petition was filed. If it was filed with COS, there would be an I-94 at the bottom of the approval notice, and she would be in H1 status from the date listed in that I-94. If the H1 was filed for consular processing, she indeed would have to go abroad, get an H1 visa, and enter with that visa to be in H1 status.
  14. No, you can't. The existing visa will be invalidated. You would have to go to your home country and get a visa there. That's the risk of going for visa stamping in a third country.
  15. Of course they do. They are required to by law. All entries and exits are in your file at USCIS.
  16. The employer had to give you a copy of the LCA when you started working there and when it is updated.
  17. If the person is not in the US, the person by definition is not in any status. So the H1 rules about getting paid all the time don't apply. In the US, the person has to get paid all the time.
  18. No real university gives out CPT from day one. Signing up with a fraud institution would result in never getting an H1.
  19. No real university gives out CPT from day one. Signing up with a fraud institution would result in killing your career in the US.
  20. You can not return after a denial. You would have to go to your home country to get a visa there. That's the risk with stamping in a 3rd country.
  21. No. That would be self-employment, which is not allowed on H1.
  22. Sure they can. A pending I-485 keeps them legal.
  23. It will cause delays. It is a bad idea to have multiple I-485s.
  24. What kind of medical reason? Most treatments are available in other countries as well.
  25. You can keep your investments. There is a flat tax, though, if you are not in the US.