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Everything posted by pontevecchio

  1. I-140 cannot be "ported". You retain the PD for a future GC filing . The job need not be similar. You can get H1 extensions with any employer till the current PD is current.
  2. The visa and her petition approval.
  3. If you travel before the H1 petition is approved, you will need to get a H1 visa at the appropriate time assuming the petition were to be approved. Other than that depending on your home country, it should be all right to travel.
  4. Since you are leaving the employer, no grace period as such. You can file a COS to B2 for purposes of travel and tourism before you leave the h1 Job and by the time they decide you would have gone and returned with a F1 VISA AT THE APPROPRIATE TIME. The time remaining from 6 years is yours to claim in future.
  5. The process will start from scratch. PERM onwards.....
  6. She can always leave and return with a H4 visa. Or of PP is possible go that route.
  7. Yes.
  8. If the H1 petition is not yet approved, any travel will mean the COS WILL BE DENIED AND YOU WILL NEED THE h1 VISA AT THE APPROPRIATE TIME.
  9. If you leave before approval the H1 petition may be approved but for consular processing and the need for a visa. Why are you thinking that a visa is a problem.?.
  10. You always retain the PD in the absence of fraud. If you stay for 6 months after the I-140 is approved, you can get further H1 extensions with any employer till the PD is current even if this I-140 were to be revoked.
  11. 1. PERM pending 365 days plus gives you 1 year H1 extensions beyond the initial total of 6. If your PERM gets approved within the year you MAY be eligible for PP of the I-140 filing. 2. By itself PERM approval gives you nothing. 3. Yes, if you qualify. 4. You need to stay out for one year BEFORE you can have a sponsor apply for a cap subject H1.
  12. When did the latest employer file your H1 petition?
  13. Based on a pending H1 petition with the new employer, you will have 240 days for them to decide while you can keep working.
  14. "" If you have changed status while in the United States, and you have a visa stamp that matches your old status (either expired or unexpired), that visa stamp is considered to be automatically changed to a stamp matching the new status and revalidated to a current date for your return to the United States, even though it is not the same as your current status and may have expired. You need to have evidence of a lawful change of status inside the United States. "" Basically HANG ON TO YOUR i94 at all costs. On return show them the expired F1 visa and the existing O1 I94 and maybe the O1 approval document. This is AVR.
  15. H1 revocation of an ex employee is mandated by law and has nothing to do with you.
  16. Did you have a H1 I94?
  18. Consider leaving and returning with the F1 visa. Talk to your DSO first. Georgia Tech is a well known place and you should have no trouble getting the F1 visa.
  19. 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.
  20. 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.
  21. You should talk to a lawyer ASAP. Is your husband a citizen? Have you spoken to your DSO?
  22. WHY?
  23. 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.