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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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  1. Once you have been counted for the quota there are no issues with the type of employer you work for.
  2. https://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#q!96 "What are an H-1B employer's obligations with respect to a nonimmigrant worker whose employment ends (e.g. termination, resignation, or move to another employer) prior to the end of the LCA validity period? Under the Department's regulations, the employer is prohibited from charging a nonimmigrant worker a penalty fee outright or in the form of a deduction for ceasing employment early. However, in some circumstances, the employer may contract with the worker to receive liquidated damages in the event of a premature termination on the part of the worker. Employers should refer to DHS regulations for additional obligations. 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." In particular, "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."
  3. A new H1 can only be FILED once you have been abroad for at least a year. So, the earliest a new H1 can be filed for you is in April 2020 for a start date of Oct. 1, 2020, i.e. fiscal year 2021.
  4. JoeF

    3 months residency requirement for N 400

    I always cringe when I read this. As a Permanent Resident, you live, you reside in the US, you never visit the US. You can travel abroad temporarily, but your residence has to be in the US. The 3 month residency requirement is not about physical presence. But with a job abroad, you could still face questioning, in particular if you have the mindset that you are visiting the US, which can easily slip off the tongue.
  5. JoeF

    H1b- Denial next steps

    No real university gives out CPT from day one, and certainly no real university that offers a PhD program does. A PhD is about research, not working in some company.
  6. You have to leave no later than the I-94 expiration date.
  7. It doesn't really matter much. After 10 years most people wouldn't even remember where they entered with the IV. I would put NJ on there.
  8. JoeF

    Downgrade to EB3

    People on forums, even lawyers, can not give legal advice. If you need legal advice you need to schedule a one-on-one consultation with a lawyer.
  9. JoeF

    H1B to L1A conversion

    For an L1, you have to have worked for the employer abroad for at least a year in the last 3 years. From your narrative, that doesn't seem to be the case.
  10. JoeF

    Traffic Citations

    It is that straightforward. At this point, they are not trying to screw you over. Just be honest, and things will be fine.
  11. Find a better employer, avoid all these shady consulting companies.
  12. That likely won't make any difference. Anything with middle vendors is bad. Can your employer show up at the client and discuss your work with them? That's what employer-employee relationship is about, your employer controlling your work.
  13. JoeF

    Applying Indian passport for twins born in US

    Nothing and nobody can "waive" their U.S. Citizenship. They can, as adults, give up US citizenship. They are US Citizens, due to their birth in the US.
  14. JoeF

    FY 2019 CAP

    You don't apply. You have to find an employer who files an H1 petition with you as the beneficiary.
  15. JoeF

    H1B Transfer

    Employer A is required BY LAW to inform USCIS that you no longer work there. This is mandatory. If they don't inform USCIS the employment didn't properly end and the employer would have to continue to pay you. If they want to hire you back later they would have to file (and pay for) a new H1 petition.
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