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JoeF last won the day on June 18 2013
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AFAIK, the H4 EAD is only for spouses of the primary person on H1. It is not for children of the H1 person.
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Breach of contract Employment, changed to new job within contract time
JoeF replied to H1bTransferIssue's topic in H1B : Portability Issues
It is illegal for an employer to ask for money if the employee on H1 leaves before an heads-up date. An employer can ask for what is called liquidated damages, e.g., if they had expenses to train you. Such liquidated damages get lower as time progresses because by working there they get their investment back. And next time, stay away from any employer who wants you to sign such a contract. -
The company is required by law to inform USCIS that you no longer work there. You don't have to do anything once you resigned from the job.
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No. You have to start working for the employer and get paid. Show up at the employer office and make yourself available.
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If the approval notice has an I-94 at the bottom you are good. A visa is an entry document, the I-94 determines your status while in the US.
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Work volunteer gig in Europe while on H1B visa
JoeF replied to Amitya Kumar's topic in H1B : General
The H1 is only valid for the US. What you do while outside the US is not affecting the H1. However, there may be visa issues and tax issues in Poland. The organization that's handling this should be made aware of that. -
The employer by law has to inform USCIS that you no longer work there. This is administrative and does not prevent you from using the remainder of the H1 time later.
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That will not work. They would only get the remainder of their 6-month stay.
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Priority date current but PERM is still in process
JoeF replied to Rythm09's topic in 140/485 Concurrent Filing
If the PD is still current when the PERM is approved your employer can file the I-140 and you can file the I-485 simultaneously. If the PD is not current at that time your employer can file the I-140 and you have to wait for the PD to become current to file an I-485. -
H4 visa holder can Enter USA on POE before H1B visa holder.
JoeF replied to Mohammed14's topic in H1B : General
If this is the first entry of the H1 holder, no. In that case, an H4 holder can only enter with or after the H1 holder. In subsequent entries it is generally ok if the H1 holder enters later after a trip abroad, assuming the H1 holder doesn't need to get a new visa (that's not guaranteed.) -
Not much you can do. The facts are the facts. You can point out that you are divorced, so your life situation is different now.
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An employer can of course initiate the GC process if the person is on L2. A person doesn't even need to be in the US for the GC process.
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How can I retrieve wages from my H1B employer who is not paying wages from concurrent client projects ?
JoeF replied to Akumaar1213's topic in H1B : General
It is always a 2-way street. If the employer treats the employee with respect it is absolutely important for the employee to treat the employer with respect. Here, however, the employer tries to screw the employee over. That is not acceptable, under absolutely no circumstances. The employee has remedies available, including filing a WH4. The employer needs to treat the employee right. If he doesn't, a WH4 is the appropriate answer. A person who is paid hourly has to get paid for ALL hours worked, and overtime pay for hours worked over 40 hours/week (at least in CA, overtime pay kicks in after 8 hours/day.) This doesn't apply to an exempt employee who is paid a fixed monthly/yearly salary. In addition, a person on H1 who is paid hourly has to be paid for 40 hours/week even if the person works less than that. To give an analogy from current affairs: Russia invades Ukraine. Ukraine has every right to defend itself and not just surrender to Russia to keep "good relations" with them. Or, as US President Theodore Roosevelt said: "Speak softly and carry a big stick." In this case, basically saying, "pay me, or I will file a WH4. I know the laws." These kind of employers think they can get away with breaking the laws because they think the employees don't know the laws of this country. -
Theemployer H4 EAD allows you to work for any employer, even more than one.
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How can I retrieve wages from my H1B employer who is not paying wages from concurrent client projects ?
JoeF replied to Akumaar1213's topic in H1B : General
The employee has to be paid for work done. It is completely irrelevant if the client has paid the employer. That's between the client and the employer. The employer ALWAYS has to pay the employee. Period. If the employee is paid hourly and worked more than 40 hours/week the employee is also entitled to overtime pay. The OP needs to file a complaint with DOL on form WH4, and should find a better employer.