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JoeF last won the day on June 18 2013

JoeF had the most liked content!

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About JoeF

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    Got helped? Now help !!

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     Austin, TX

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  1. When you use the EAD you are no longer on H1. And H4s for dependents would also be invalid. An employer can of course file a new H1 petition for you, and you would have to start working on that H1 when it is approved.
  2. You can file for her as IR. There is no quota for that.
  3. JoeF

    H1b Masters Cap exemption - 2nd time

    If your Master's degree is from a public or non-profit, accredited private university you qualify for the Masters quota. You always are eligible for it. There is no "one-time only" rule. Never has been.
  4. JoeF

    Non-profit H1B to Profit H1B

    To work for a for-profit company on H1 you would have to get an H1 in the yearly quota. His for non-profits don't fall under the quota.
  5. Employer A was required by law to inform USCIS that you no longer work there. The revocation has absolutely zero effect on you. It is just an administrative thing. A new employer can file an H1 transfer for you at any time.
  6. JoeF

    L1 to H1B Transfer!

    He has to start working for the H1 employer or at least get the Visa stamp before the H1 can be transferred. And if he doesn't start working for company Y they have to inform USCIS of that, which leads to revocation.
  7. JoeF

    I797B expired without stamping

    If you have not started to work on the H1 for the original employer or didn't get the Visa stamp you have not been counted for the quota. That means a new employer can only file an H1 for you in the quota.
  8. The Family category 4 PD is about 15 years (more for certain countries) back, according to the Visa Bulletin.
  9. Technically, dependents can not stay when the primary person on H1 is abroad. Generally, there is no issue if the primary goes on a simple vacation. But your case is not a simple vacation. You need to get a new visa stamp. This means that your return to the US is not guaranteed. The visa stamp could be denied or delayed. Your dependents would need to travel with you in this case to avoid issues.
  10. JoeF

    H1B Application during Cooling Period

    The clock only resets if you have been abroad for a year before a new H1 or L1 is FILED. The date of filing matters, not the date of entry. If your employer files in this year's quota you'll get one year.
  11. JoeF

    H1B unused time capture

    Not enough info. Did you get your current H1 in the quota, or was that cap-exempt? If your current H1 was filed in the quota the remaining time.on the old H1 is gone forever.
  12. With an I-140 filed and approved it is impossible to change to an F1. The F1 does not allow immigration intent, but a filed I-140 clearly shows immigration intent. Filing an F1 would be considered frivolous.
  13. A new H1 can be filed after a year abroad, so it looks like you are eligible to file on this year's quota.
  14. JoeF

    H1 cap exemption

    With a stamped H1 you are counted for the quota, so a new employer can file an H1 transfer for you at any time.
  15. JoeF

    H1-B (Out of Status with out SSN ?)

    The SSN is not needed for the I-9. And payroll systems can handle it if the person doesn't have the SSN yet.