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JoeF

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JoeF last won the day on June 18 2013

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About JoeF

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     Austin, TX

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  1. The PD for Greencards is based on country of birth, so you fall under the India category.
  2. JoeF

    RFE new rule

    You have to have a client letter if you work for a consulting company. This is probably a response to the practice of some shady consulting company to file H1 petitions without client letter and only provide a client letter (possibly from a different client) when they get an RFE. That's why we can't have nice things, because there are always frauds who spoil it for the rest.
  3. JoeF

    Parents Visitor Visa rejection with 214(b)

    The system isn't just for Indians. It is the same for all foreigners. All people applying for a visa are presumed immigrants unless and until they can show otherwise to the satisfaction of the officer processing the application. Immigration law, INA 101.
  4. JoeF

    Going back to Old Employer

    The DOL rules I mentioned: https://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#q!96 "Additionally, an H-1B employer is relieved of the responsibility to continue paying the required wage to the nonimmigrant worker throughout the authorized employment period specified on the LCA only if a bona fide termination is effected. A bona fide termination requires that the H-1B employer notify both the nonimmigrant worker and DHS of the termination of employment. Additionally, where the employer has terminated a nonimmigrant worker, the employer must pay for the nonimmigrant's cost of return transportation. Once these conditions are met, the employer will be relieved of that wage payment obligation." Every employer will inform USCIS, to avoid having to pay. There have been lawsuits, and in one case an employer had to pay 3 years back pay to a person who had an H1 from the employer, was laid off before the H1 kicked in, but the employer didn't inform USCIS...
  5. JoeF

    Going back to Old Employer

    The employer is required by law to inform USCIS. If he didn't do that, he has to pay the employee for the time the employee wasn't even working there. DOL regulations.
  6. JoeF

    Going back to Old Employer

    The old employer had to inform USCIS that you no longer work there. If they want to hire you back they would have to file (and pay for) a new H1 for you.
  7. JoeF

    H1B Denial

    When did you leave the old employer? You have 60 days from that date.
  8. JoeF

    H4 EAD and GC EAD

    Why going for H4 EAD when you can use the GC EAD if you want to? As long as you don't work, you will just be on H4. Only if you start working with the GC EAD, your status would change to "pending AOS." And that's better than the H4 EAD which may be gone in a few months. Why don't you want to be in pending AOS status?
  9. No, she can't. The H4 is dependent on the H1, and if there is no valid H1 the H4 is invalid. Trying to travel with the H4 would be immigration fraud.
  10. These "Day 1 CPT universities" are frauds. By abusing CPT you may have killed your chance for an H1 by going to such a fraud. When will people learn???
  11. JoeF

    Can I do masters degree while on H1B

    As long as you fulfill the H1 obligations, i.e., working fulltime for your employer, you can study on the side.
  12. The kids could of course travel, as US citizens, but your wife can't until your H1 is approved.
  13. JoeF

    port of entry

    Port of entry doesn't matter.
  14. JoeF

    Lay off during H1B visa process

    First off, a staffing firm can not file an H1. There has to be an employer-employee relationship, which doesn't exist with a staffing firm. A consulting company may file an H1, but that's different from a staffing firm. Second, that H1 is gone. Find a real employer. And as a side note, why do people who graduated from a US college sign up with shady firms? Colleges have job fairs where real employers are looking for people.
  15. That depends on the source of the money and the tax laws of both countries. AFAIK, the US doesn't tax inheritance from a foreign country. And there are agreements in place to avoid double taxation, but for the details you probably need to see a CPA experienced in international issues.
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