pontevecchio

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pontevecchio last won the day on October 6 2017

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  1. 1. You cannot file a "transfer" petition since your I94 has expired. Any such petition will only be approved with "transfer" if the current H12 petition extension is first approved. 2. Yes. Transfer is defined as new H1 for new employer with I94. 3. Not if you get an I94 with the new petition. You will not get an I94 unless current extension is approved. 4. You lost me. Have B file with PP and then leave and return with a H1 visa. All your other questions will become redundant.
  2. When did your H1 petition expire?
  3. The onus is on the employer should he employ somebody with invalid work authorization. You cannot legally work once your spouses L1A is over. You cannot start working in H1 status without approval.
  4. Did you sign a contract with B?
  5. File a complaint against the employer on form WH4. You should have been aware and I am sure you were that salary was mandatory. Why in tarnation would you just let him take advantage of you.?. He committed fraud and made misrepresentations while filing your H1 petition. This can come back to bite you even later. People of our own ilk are the idiots who take advantage. Do not countenance this.
  6. Stick with the OPT. Ask your DSO about the CPT. Which college?
  7. What was your position in the company? You can certainly try and get a H1 sponsor and leave and return with the H1 visa on approval.
  8. You should consider maybe leaving and returning with the F1 visa. If your college has credibility it should not be an issue.
  9. Provide B with requested documents. If the H1 is approved without I94, leave and return with the Visa. If approved with I94, you are fine.
  10. She can file for COS from B2 and then wait for months or she can leave and return with the F2 visa.
  11. Outside the USA, you have no H1 status. Hence she cannot have H4 status and work. Obviously a few days of vacation do not matter. Are you able to get L1?
  12. H1 extensions are routine. B will start from scratch, PERM onwards if you want to get a GC through B.
  13. 1. 2. As you are aware your I-140 has been approved for more than 6 months. Hence you are entitled to H1 extensions with any employer till the EB3 PD is current even if that I-140 were to be revoked unless for fraud. SO B can file anytime before the current EB3 Priority date is current. Companies usually want to look at you for a few months or an year to decide on sponsoring you. 3. The risk is consular processing if you find a H1 sponsor later on. 4. Presumably everything is kosher and you can work for any company with an approved H1 petition for you by leaving and returning with the H1 visa if a "transfer" is not allowed. Also the job requirements and your credentials both have to match for EB2.
  14. Firstly there have been rule changes affecting your ability to get a new H1 sponsor without having worked for the initial sponsor or having got a visa stamp for that sponsor. Secondly since they are supposed to pay, why should it matter.