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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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    Got helped? Now help !!

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     Austin, TX

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  1. JoeF

    Minimum Age to Apply H4 EAD

    AFAIK, the H4 EAD is only for spouses of the primary person on H1. It is not for children of the H1 person.
  2. 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.
  3. JoeF

    Transfer of H1B to F1

    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.
  4. JoeF

    H1B Transfer

    No. You have to start working for the employer and get paid. Show up at the employer office and make yourself available.
  5. JoeF

    L2S/I539 approved but not stamped

    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.
  6. JoeF

    Work volunteer gig in Europe while on H1B visa

    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.
  7. JoeF

    H1B withdrawn- Please help!

    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.
  8. That will not work. They would only get the remainder of their 6-month stay.
  9. 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.
  10. 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.)
  11. JoeF

    H4 to F1 Visa question

    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.
  12. JoeF

    GC on L2 visa

    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.
  13. 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.
  14. JoeF

    Working for two different employers on H4EAD

    Theemployer H4 EAD allows you to work for any employer, even more than one.
  15. 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.
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