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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. JoeF

    60 Days Grace Period Clock

    If you have an approved H1 from B then you would get a new 60 day grace period.
  2. JoeF

    Migrating to the US with family

    To the OP: You may want to do some research on the Internet. There is lots and lots of information available. Getting a Green card can take a decade or longer for people from your home country.
  3. Does the company have a lawyer? Has the lawyer inquired with USCIS?
  4. JoeF

    Recieved EAD and AP

    A visitor can not enter with immigration intent. While there is the 90 day rule, it is somewhat of a rubber rule. You need to discuss your situation with a good immigration lawyer. I have friends in somewhat similar situations (spouses of US citizens) who got denials, and then had to spend a lot of money to lawyers to overturn the denials.
  5. JoeF


    A for-profit company would have to file an H1 for him in the quota, i.e., April 1 for a start date of Oct. 1. However, if he has used 6 years of H1, he would have to go abroad for a year before a new H1 can be filed, unless he has an approved I-140.
  6. JoeF

    Migrating to the US with family

    The OP said he is an Indian citizen, so the E3 visa is not available to him.
  7. JoeF

    NIW Qualification

    Doesn't look like a position in the national interest (what NIW refers to: National Interest Waiver) to me. But you should discuss this with a good immigration lawyer.
  8. JoeF

    Experience OTJ

    You can't use experience with the current employer unless the GC position is at least 50% different from the current role.
  9. JoeF

    I140 approved and moving back to home country

    The I-140 stays valid. But, if you are abroad, you can only do Consular Processing when the PD is current, and that requires that you at that time have a notarized job offer from the employer who filed the I-140.
  10. JoeF

    New and strange RFE how to respond?

    Can your "friend" not post himself? Creating an account here is free... The RFE is pretty clear. It says what kinds of documents they want from you, sorry your "friend". And you haven't told us what the first RFE was about. Something education-related? Or specialty occupation? They obviously think that the response has implications to your (sorry, your "friend's") current position.
  11. Well, that's why as soon as there was talk of a percentage, you should have looked for another employer. Employers who do this percentage stuff are shady. If I were you I would cut my losses and find a better employer. You can always reuse the PD of the I-140. Or you can continue with this employer and get into more issues...
  12. Contract disputes between your employer and vendor are none of your business. You are not a party of any such contracts. There is no such thing as a bill rate for people on H1. You get a salary, not a percentage of anything. You are supposed to have a copy of the LCA the employer filed. There never is a percentage on the LCA. The employer has to pay you all the time. If your employer doesn't want to pay you, file a complaint with DOL on form WH4. And find a better employer. Avoid anything with middle vendors.
  13. JoeF

    Visitor visa and passport validity

    The passport has to be valid for at least 6 months.
  14. Between Nov 2014 and July 2015 is more than 6 months, so that may be considered as breaking the continuous residency, in particular with the long trip abroad shortly before that. Because of that, it is best to wait for 5 years after the July 2015 return.
  15. JoeF

    Recieved EAD and AP

    Sigh. They can't do anything about you getting a GC outside of their company. Somebody could marry a US citizen and get a GC through his or her spouse. Do they have any employees who are Permanent Residents or US citizens? It seems to me that they may not want people to leave the company, which is impossible to have. Even people on H1 can transfer to other companies. And they for sure can't fire you for having an EAD or a GC. You have rights in this country...