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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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  1. You can work hourly, but the regulations require that you get paid for 40 hours/week, even if you work less. There are also overtime pay rules, so working for more than 40 hours means 1.5 times the pay for any hour over 40 hours.
  2. JoeF

    Do they need to spend 6+ months now?

    Until they are sworn in as citizens they are Permanent Residents, and all the rules for Permanent Residents apply.
  3. JoeF

    F2 to H1B

    The chances depend on your qualifications, not your current status.
  4. Liquidated damages can never be a fixed amount. It is illegal for a company to require a penalty for leaving early. Some shady companies then use the phrase "liquidated damages", because it is allowed to ask for liquidated damages. These are expenses the company had in connection with you, e.g., for training. However, they get lower over time because the company recoups the money by you working for them. So, companies who specify a fixed amount are just trying to disguise a penalty payment. Oh, and they would show you exactly what you signed. Even if it was electronically, there would have to be a record. I suggest you discuss your situation with a good immigration lawyer.
  5. JoeF

    First Time h1b VISA stamping

    Some countries, e.g., Mexico, don't do first H1 stamping. It is always more risky in a 3rd country, so the home country is best.
  6. JoeF

    TN Visa as independent consultant

    A TN visa is for employment. You can not be an independent contractor.
  7. You are by definition only on H1 if you are actually in the US. You may have to pay taxes in both countries. Both you and the employer should consult with a CPA knowledgeable about international tax issues.
  8. JoeF

    L1-H1B Travel back to india

    Not possible.
  9. That GC is gone. You actually have to live in the US to keep the GC valid. It is called Permanent Residence for a reason. You would have to start over from scratch.
  10. JoeF

    H1B - Exempt ??

    You are not exempt. You also can not use an earlier PD. All that was gone when you got the GC. You have to start over from scratch.
  11. JoeF

    New H1B package not received by USCIS before July1

    Has the employer told you what exactly the "issue with FedEx" was? My guess is that there was no issue, the employer just screwed things up.
  12. JoeF

    Approved I-485 But Outside USA and no AP

    You need to discuss your situation with a good immigration lawyer ASAP. Normally, if you travel abroad without AP (or a valid H1) the I-485 is considered abandoned.
  13. JoeF

    H1 expiring soon, PERM not yet approved

    1. The person can create an account here (it is free) and ask questions herself; or 2) the person can schedule an appointment with an immigration lawyer. Hypotheticals, in particular through intermediaries, don't help anybody.
  14. JoeF

    H4 to H1B

    There is an H1 quota for each fiscal year. The US fiscal year starts on Oct. 1, e.g., fiscal year 2023 starts on Oct. 1, 2022. So, that's the earliest start date for an H1 in the quota for fiscal year 2023. An H1 can be applied up to 6 months before the start date. That means, for example, a company can file for an H1 for fiscal year 2023 on April 1, 2022. Because there are more applications than the number of allowed H1s there is a lottery. Companies that file H1s know all this. Nowadays there may be a second lottery, but still, it is unlikely that you'd be able to get into that.
  15. JoeF

    L-1A to H-1B - Change of Status

    An H1 in the lottery for fiscal year 2023 can start the earliest on Oct. 1, 2022, the beginning of fiscal year 2023.
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