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JoeF last won the day on June 18 2013

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About JoeF

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    Got helped? Now help !!

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  1. A B2 does not allow immigration intent. The I-130, though, shows immigration intent. If they travel they have a high risk of being denied entry. Sometimes the border officers admit people on B2 even though they have an I-130, but again, most of the time they don't.
  2. The rule that allows keeping an I-140 after it being withdrawn was enacted in January 2017. Before that, if an approved I-140 was withdrawn it generally was automatically revoked.
  3. JoeF

    H1B Sponsor for Bootcamps

    Bootcamp stuff doesn't qualify for an H1. You would have to have a 4-year degree for an H1. Quite frankly, bootcamps are a waste of time and money. They may teach you some of the current how, but they don't teach you the why. And in UI, stuff changes every 6 months. Enroll in a good college.
  4. There is no visa for a spouse of a Permanent Resident. You can sponsor her for a GC in the Family 2A category.
  5. The 1 year period extends by the duration you were in the US on B1. Based on the timeline you posted the clock did not reset because you haven't been abroad for a year between the L1 and H1. And anyway, the date of APPLYING for the H1 is what matters. I assume the H1 was filed in April 2017. So, even without the B1 time the clock did not reset.
  6. For Consular Processing you need a new, notarized job offer from the original employer who filed the I-140.
  7. JoeF

    H1B Grace Period with Severance Pay

    Severance pay doesn't matter for the grace period. The grace period started from the day of layoff.
  8. JoeF

    COS while AOS is pending

    The pending I-485 keeps her legal. No nerd to change to H4 (it is possible , though.)
  9. No such restrictions for dependents.
  10. Generally, for unemployment benefits you have to be willing and able to work in any job. On H1 you are not allowed to work in just any job. So, it seems that you may have lied on the application. Discuss the situation with your lawyer.
  11. Degrees from unaccredited institutions can never be used for an immigration benefit. But in your case your I-485 is based on your spouse. If the institution was allowed to admit foreign students, i.e., to issue I-20s, there is no issue for you.
  12. The child would have to become a US citizen and be at least 21 to sponsor a parent.
  13. If you are outside the US you are not in any status, by definition. You can work from your home country for as long as you want. You may have to pay taxes in your home country, so tou and the company should discuss that with a good CPA experienced in international tax issues.
  14. The old employer was required by law to inform USCIS that you no longer work there. That results in revocation of the old H1. It has zero effect on you or on any new H1. The new employer can file a cap-exempt H1 petition for you, and when it is approved you can get a new visa or travel with the old visa if it is still valid and a copy of the new approval notice.
  15. No. Only salary counts. And most companies in tech give people stock options in addition to the good salary, not instead.