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Everything posted by pontevecchio

  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.
  15. Yes. Request PP.
  16. I am assuming you are here in H1 status. So why would you expect any trouble? There should be none.
  17. Use your personal email or better yet, your cell number.
  18. You need to get legal guidance from the firm of Murthy or any of your choice. It was silly to let a minor matter of waiting to arrange the Interview after the Marriage get in the way of the truth. Many have got appointments before they were married and they have made sure the dates were after the Marriage.
  19. In H4 status, you cannot work unless your wife has an I-140 approved and then you can apply for a H4 EAD giving you work authorization.
  20. IT is illogical to throw an irrelevant fact while answering a serious question. There are many facts involved. Why was discretion not the better part of valor when informing the consulate of the facts of the case? The OP needs to first get clarification from an Indian Lawyer that the two concerned belong to the very small section of people in whom Uncle Niece Marriage is legal in India, the vast majority being illegal. Then he can approach an Immigration Lawyer in the USA for further clarification. If one wants to break societal norms, one has sometimes to pay the piper. No value judgement is being exercised in this reply. But one cannot expect another country not to exercise the valid laws existing at this time. It could turn out that you can marry your niece, but cannot have an expectation of getting Immigration benefits elsewhere. I do sympathize with the predicament. How did the consulate know about your relationship?
  21. 1. I-140 approved more than 6 months means you get H1 extensions beyond 6 years till the PD is current even if the I-140 is revoked except for fraud. 2. You retain the PD. You do not transfer an I-140. Based on any I-140 she should get EAD and extensions. I would wager a fair sum that the rules will be tinkered with again . 3. You career comes first instead of a pink card. Think about that.
  22. Assuming you are saying she got an I94 till 2020, there is no issue.
  23. No. Given the same EB classification, the times depend on the country of birth.
  24. "" For the PERM process, the regulations are clear and the employer is responsible for ALL fees associated with the PERM process, including recruitment costs and legal fees. "" I see no reasonable way to do this.