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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. No real university gives out CPT from day one, and signing up with fake "universities" will very likely result in never getting an H1.
  2. You need to get paid in full, even if you are on bench without a project That's the law, and the employer knows it. File a complaint with DOL on form WH4. A pending WH4 also helps getting a transfer approved.
  3. Sorry, but I fail to see how being able to get an L1 would make any difference. If the OP is abroad, his spouse couldn't work on L2, either, just as she can't work on H4/EAD. For his spouse to be able to work in this situation, she would have to get her own H1 or L1.
  4. CPT is not only for working as integral part of the curriculum. It is never for working in some arbitrary job. In short, you can not use CPT to work for that employer. If they really want you, they have to wait until your OPT is approved.
  5. Yes, there will be issues. The employer had to pay you, even if you didn't have a project. The employer knows that, the law section is listed right next to the signature line on the LCA. And the employer signed that he read the law section and that he agrees to it. File a complaint with DOL on form WH4. The DOL will make the employer pay you the salary you are owed.
  6. PERM and I-140 are employer-specific. A new employer would have to start the process from scratch. You can reuse the PD of an earlier approved I-140, and the H1 can be extended past the 6 years. That's it.
  7. If you are working abroad, you are not in H1 status, and that means the H4 of your spouse would be invalid. Your spouse can not stay in the US while you are working abroad.
  8. That assumes that this was a new H1. If it was an extension, a new petition can be filed at any time, but obviously with a different role.
  9. You can not work on H4. The only exception is if your wife has an approved I-140, then you can apply for an EAD to work.
  10. If the H1 is denied you are not counted in the quota. You are not cap exempt.
  11. Only the employer can file PERM, and the employer also has to pay for it. If the employer doesn't want to file, they obviously don't value you or your work all that much. Take the hint, and find another employer.
  12. Why do you think it would be too late? Don't believe everything that is in the news.
  13. You would have to wait for the approval before you can enter again. If you have a valid visa, you can enter with the visa and a copy of the approval notice from the new employer. Trying to enter without the approval notice would be immigration fraud.
  14. Where are the companies located? Where are you located? Non-compete agreements are enforceable, except in California. If all parties are somewhere else, they can sue you.
  15. On H1, you can not be a contractor. The H1 requires you to be an employee. Your employer can assign you to work at a client site, but that doesn't make you a contractor. Your employer has to control your work.