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Everything posted by pontevecchio

  1. McCleave and Shields would seem to be a law firm advertising as being present in Mobile, Alabama and I suspect they are not going to be amused when they find somebody introducing SPAM in to another Lawyer website. You need to stop using their name and stop promoting them on this forum. @admin, Maybe you would like to look in to the matter.
  2. 1. Yes, You do. The I94 from B is irrelevant to A. 2. It is illegal to work for A unless the petition from A was filed as a "transfer" and that approval implies getting an I94 for THIS petition. 3. You are out of status now and need to return with a H1 visa and the H1 petition approval from any employer you are coming over to work for. You NEED to see a lawyer ASAP about you predicament.
  3. You should talk to a lawyer ASAP. Is your husband a citizen? Have you spoken to your DSO?
  4. WHY?
  5. They can file an amended H1 letting you work from home. The GC is for a future job in theory and as long as you intend to take it up in the original location on approval, you should be OK. Keep a lawyer onboard to cover your bases and answer any queries involved.
  6. COS does not apply if one is out of the country. She needs top apply for a H1 visa and return up to 10 days before October,1 assuming the petition is approved.
  7. You have to update the I9.
  8. EAD is unrestricted work authorization till the validity of the EAD or if the AOS is denied. Maybe it seems easier to get a GC than to get H1 extensions? So as long as you use the proper basis in the I9 form, you can work on the EAD.
  9. What was he arrested for by mistake? In any case he should talk to a lawyer. If he becomes a citizen this will cease.
  10. If you travel the COS to H1 will be deemed cancelled though you could get H1 approved on merits. Hence the need for a visa at the appropriate time.
  11. A Labor Lawyer in Georgia should be able to help you. Run the contract by one.
  12. If you forget the word "transfer" then get a H1 sponsor to file and get a H1 petition approved, you can leave and return with the visa.
  13. It is still immaterial. As long as the H1 visa is not revoked for fraud or for overstaying your permitted stay, you are able to use it. Are you saying you are not changing employers? If it is the case that you have your own lawyer who you pay to represent you, you should not second guess him in a forum.
  14. PERM pending 365 days gives one extensions of H1. PERM approved does not. You could explore PP of the I-140.
  15. Is it a lawyer or just a man dealing with immigration at the Office? It is possibly a matter of semantics. Unless your H1 visa is cancelled for being out of status, you can absolutely use the visa. Email the relevant Consulate and state that you have an existing H1 visa and a change of employer and could you use this visa to return? If you have taken the trouble to read the FAQ,s at any Indian Consulate about visas, they specifically mention that you can use an existing visa with a new employer. Once you return, let the ignorant one know that he was wrong. ""Q.13 I have a valid H1B visa which contains my previous petitioner’s details. I have changed my employer with valid I-797 and am back in India for a short trip. Can I travel back to US on the same visa or do I need to apply for a new visa? If you have changed H1B employers in accordance with USCIS procedures for making such a change, you may continue to use your valid H1B visa issued for your previous employment for entry into the United States. Upon applying for entry, you must also present your new Form I-797, Notice of Action, demonstrating the approval of the change of employer."" http://www.ustraveldocs.com/in/in-gen-faq.asp#qlistwork13
  16. Reapply and tell the officer that you will be visiting for 6 weeks and make sure you have a leave letter with you. Do not hand over anything. Eye contact and confidence will go a long way. Tell him you want to visit The Statue Of Liberty, Liberty Island and make a trip to Niagara for the falls along with NYC. These form letters mean nothing. There is no supervision and VO'S who possibly hate this posting will sometimes act as per their whims and fancies and a different Officer may approve you without question. What is your Brothers background? Did he study in a reputable Institute? Has he ever been out of status? You may also like to get guidance from the firm of Murthy in Chennai.
  17. No one is getting defensive. Nobody is forced to respond to facts. His status expires on the day his I94 expires.
  18. The denial stands. You are welcome to send any relevant information to them for consideration.
  19. You can work based on any authorized document. Hence you can work on the basis of the EAD until you get your GC.
  20. Yes. You are absolutely legal to stay awaiting AOS.
  21. The I94 entry will be till the H1 petition expiry.
  22. As long as you are in H1 status you need to be paid as per the LCA at the very least. If you are out of the country, you are NOT in H1 status and need not be paid.
  23. You will not lose the PD.