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

    19,214
  • 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. No, since it was never approved.
  2. JoeF

    Visitor visa extension

    Visitors going to a neighbouring country usually only get readmitted for the remainder of their original allowed time. This "flagpoling" (going abroad and coming right back, like turning around a flagpole) doesn't work.
  3. JoeF

    H1B Transfer, but received I797B

    You need to leave the country. If your visa is still valid you can use it and the new approval notice to enter again to work for B. If your visa is expired you need to get a new visa.
  4. Everybody here is a lay person. If you got an answer, take it or not. If you want to be sure ask (and pay for) a lawyer.
  5. You can change employers whenever you want, but if the old employer revoked the I-140 you won't be able to use it to extend your H1. Only after 180 days of I-140 approval it would be safe.
  6. JoeF

    3 months residency requirement for N 400

    You still don't get it. Even with a GC, you are never visiting the US. You are coming home from a trip abroad. If you visit the US you are saying that you don't live here which means you would have abandoned the GC. And without GC of course no naturalization. And having a reentry permit doesn't mean anything if you imply that you are not living in the US.
  7. JoeF

    H4EAD to H1B

    If the H1 was a change of status and the approval notice has an I-94 at the bottom you are in H1 status now, and you can only work for the H1 employer.
  8. JoeF

    H1B visa stamping without client letter

    First time stamping is not possible in Mexico.
  9. Once you have been counted for the quota there are no issues with the type of employer you work for.
  10. 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."
  11. 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.
  12. 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.
  13. 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.
  14. You have to leave no later than the I-94 expiration date.
  15. 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.
×