Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...

JoeF

Members
  • Content count

    20,201
  • Joined

  • Last visited

  • Days Won

    5

JoeF last won the day on June 18 2013

JoeF had the most liked content!

Community Reputation

7 Neutral

About JoeF

  • Rank
    Got helped? Now help !!

Profile Information

  • Gender
    Male
  • Location
     Austin, TX

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. The employer and his lawyer have to handle that. Why don't you ask the employer's lawyer for guidance? They know more about your case than people on an Internet forum.
  2. JoeF

    Change of Status Denied for H1B

    The OP isn't in legal status, and hasn't been for quite a while. That's why USCIS denied the COS. This is happening a lot to people who abuse the CPT, who use more than one year of Practical Training per educational level. Such people can essentially kiss their future in the US goodbye. The bottom line: stay away, far away, from any CPT from Day 1 stuff. It is always fraud.
  3. JoeF

    VWP to H1B transfer once in US

    It is not allowed to change from B1/B2 through the Visa Waiver Program to any other status. You have to leave the country, get an H1 visa, and enter with that.
  4. JoeF

    Change of Status Denied for H1B

    If you have used OPT your CPT is illegal. CPT is for required internships, not for working in some arbitrary job for some arbitrary client. It is unlikely you would be able to reactivate the F1, or get any other visa. Abuse of CPT kills the future in the US.
  5. No, that's bot public charge.
  6. And if you are from India you lose Indian Citizenship when you get US citizenship, because India doesn't allow dual citizenship. Were you to give up US Citizenship later you would have no citizenship at all.
  7. https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Renunciation-US-Nationality-Abroad.html
  8. JoeF

    H1 Status

    It is 60 days, which is less than 2 months. The 60 days expire on Oct. 22, not 23. If you don't have the receipt on Oct. 22 your H1 will likely not be approved as EOS. You may ha e to leave the country.
  9. JoeF

    H-1B - 221g - Stuck in India

    Senator and Congressperson emails are completely and totally irrelevant and won't help anyrhing. That's just a waste of time. The only thing that matters is that the job qualifies for an H,q, and that there is an employer-employee relationship, which with EVC pretty much never is. Can your employer show up at the client and direct to work? The bottom line: avoid EVC, find a direct employer or EC at most.
  10. If a person has used OPT, the person can only get another OPT for a higher educational level. 8 CFR 214.2(f)(10). Further, if an I-140 has been filed it is pretty much impossible to get an F1. The F1 does not allow immigration intent, but the I-140 shows that the person has immigration intent.
  11. Your new work location is your home, so you need a new LCA, unless your LCA already lists your home as work location.
  12. JoeF

    SEVIS Terminated

    It is YOUR responsibility to know the rules. 8 CFR 214.2(f)(10). Online on the USCIS website. "(10) Practical training. Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year. This provision also includes students who, during their course of study, were enrolled in a study abroad program, if the student had spent at least one full academic term enrolled in a full course of study in the United States prior to studying abroad. A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training when he or she changes to a higher educational level. " In particular, the last sentence. Doesn't get any clearer than that.
  13. JoeF

    H1B RFE about OPT and CPT status

    8 CFR 214.2(f)(10), as I've mentioned before. The law is online, e.g. on the USCIS website. "(10) Practical training. Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year. This provision also includes students who, during their course of study, were enrolled in a study abroad program, if the student had spent at least one full academic term enrolled in a full course of study in the United States prior to studying abroad. A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training when he or she changes to a higher educational level." In particular, the last sentence. USCIS may not check this when a school files the CPT paperwork. But they DO check later on when you try to get a COS. Lots of people got RFEs about maintenance of status (which they didn't if they used more than 1 year of PT.) It is YOUR responsibility to be aware of the rules.
  14. JoeF

    F1 renewal when MTR is pending

    What is the MTR about? F1? H1?
×