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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. For OPT extension, the employer needs to be e-verified. The employer also would have to handle an H1, and get a lawyer if necessary. Your manager and HR would have to handle that.
  2. As I said, the unused OPT is gone, you can't get that back. STEM OPT may be possible.
  3. ACCT, I guess? They are closing down by the end of the year because they are a fake institution and have been ordered closed by the Virginia authorities. The OPT is gone. It can not be reused. Find a real university, a public one, this time.
  4. You are not on H1 when you are abroad, by definition, so there are no issues. Don't lie. Nobody gets 3 months paid vacation. You may need to have a letter from the employer stating that you continue to be employed by the employer.
  5. This is a forum for US visas/immigration. Unless your CPT was legit (very rare), your H1 has a high possibility of denial. And getting a Canadian work visa isn't easy, either. They have pretty strict requirements.
  6. You or your friend seems to be confused. An H1 transfer always *is* a new, cap-exempt H1. Technically, there is no such thing as a transfer. It is always just a new H1 petition. The lawyers should be able to explain that to him.
  7. There is no visa stamping in the US. It is only done at a US Consulate, i.e., outside the US.
  8. It has to be a real recruitment process. The whole idea of employment-based immigration is that it is only possible if there is no American (or other person with work authorization, like somebody with a GC) able or willing to work in the position. If a resume is rejected, the employer has to explain to DOL why the applicant is not qualified. And DOL doesn't accept "we didn't like the person" or "we thought it is just a formality" as reason... Also, tailoring the ad to the immigrant is not allowed, either. The lawyer can explain all that to you in detail.
  9. If the new EAD isn't approved by the time the old one expires, she will have to stop working, and she can only start again when the new EAD is approved.
  10. First, no real university allows CPT from day one. Legitimate CPT is very rare. Second, once you have gotten OPT for 12 months, even if you didn't use all of it, you can only get OPT (or CPT) for a higher academic level. 8 CFR 214.2(f)(10).
  11. Sorry, there are no special visas, or GC speedup for such cases. The only thing I could think of would be humanitarian parole, but even that is a long shot. Your friend may want to discuss his situation with a good immigration lawyer.
  12. "Slightly changed" wouldn't cut it. That would just result in a denial due to it being an obvious attempt to get around the rules. It would have to be a significantly different position. Does the employer have a lawyer for this? If not, they should get one.
  13. The EAD would not be processed until the H4 is approved.
  14. Indeed. The OP should think rationally and not have his emotions take the better of him.
  15. She can study on H4, but would have to pay out-of-state tuition.