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Everything posted by JoeF

  1. The grace period starts from the day of layoff.
  2. JoeF

    H1B Consular Processing

    There is no Consular Processing for H1s. All His are processed by USCIS. It may be without change of status, i.e., consular notification. But in either case, an H1 won't be approved if the salary is below the prevailing wage. Find a better employer.
  3. Puerto Rico is part of the US. Travel to and from Puerto Rico is the same as travel to any other US city.
  4. JoeF

    F1 stamping questions

    What you did is abuse of CPT. It is unlikely that you would get a visa. And getting a PhD is also pretty much out of the question since no real university accepts credits from fraud universities.
  5. JoeF

    Prevailing Wages Determination rejected

    Of course it can get rejected. There are multiple ways to get a PWD, one involving industry surveys (which tend to be lower than the data from DOL) are always at risk of denial. And the employer doesn't have to give you any details about this, because PERM is the employer's application.
  6. You have to be outside the US for at least a year before a new H1 petition can be FILED. Date of entry is completely irrelevant. If you leave in May 2019, a new H1 could be filed in May 2020. If the quota is full by then a new H1 petition could only be filed in April 2021.
  7. JoeF

    Travel to Peru

    First off, I don't know where you copied that from, but some stuff on there is simply wrong. Puerto Rico, the US Virgin Islands, and the Northern Marianas are not separate countries. They are part of the US, so travel to these destinations is exactly the same as travel to any other location in the US. There is no "USA Commonwealth". These areas are US possessions, and as such a part of the US like any other part of the US (and they missed Guam...) Second, other countries can of course ON THEIR OWN decide to accept visitors who hold certain US visas. That does not mean that US visas have any validity in these countries. They just determined that people who hold these visas are likely to leave their country. So, my statement continues to be correct. Third, Peru is not on that list that you "lifted" from some other site, possibly violating that site's copyright. And fourth, if you can search these things on the Internet, why are you even asking here?
  8. JoeF

    H1-B visa holders_real estate investments

    Passive investments are not a problem. Actively managing the properties is not allowed on H1, though. You would have to hire a management company. See https://www.murthy.com/2014/01/28/home-based-businesses-inadvertent-unauthorized-employment/
  9. JoeF

    Travel to Peru

    That depends on your nationality. Check with the Peru Consulate. Your Canadian visa or US visa has no validity for other countries.
  10. JoeF

    H4 to F1 COS

    The truth, of course.
  11. JoeF

    Suggestion needed AP or H1?

    What Pontevecchio said.
  12. The main publication for Higher Ed, Inside Higher Ed, is reporting that another fraud institution in Virginia is likely to be shut down soon: Virginia International University. Can't post the link here, but it looks it's curtains for that fraud.
  13. JoeF

    Can I start my business in H1B visa

    On H1 you can ONLY be a passive investor into a business. That means putting money into the business but otherwise staying out of it. And your wife also can't work for the business. That means that you can not hire people, you can not open a company bank account, you can not file taxes, etc. All that is active involvement in the business which is not allowed for somebody on H1 or H4. See https://www.murthy.com/2014/01/28/home-based-businesses-inadvertent-unauthorized-employment/
  14. JoeF

    B2 (Visitor) visa for parents

    There is no sponsoring for visitor visas. You may pay for their trip but that's not sponsoring. A brother-in-law is not an immediate relative. Your sister is, though.
  15. JoeF

    H1B still no answer and not even RFE

    Forget about admission at a school. First, real universities have application deadlines, second, it takes months to get admitted. Signing up with a fraud school would only make things waaay worse for you.
  16. Talk with the employer. There is an option on the form.
  17. You absolutely have to be outside the US for at least a year before a new H1 can be FILED.
  18. JoeF

    Reseting H1b 6 years counter

    A new H1 in the quota can be FILED once you have been outside the US for at least one year.
  19. JoeF

    COS H1B to L1A

    You would have to be outside the US again for at least a year. The previous stay abroad doesn't count since you came back on the same H1.
  20. JoeF

    CPT Policy

    It is quite obvious that Noah Lott is not familiar with universities in the US. UMich, Ann Arbor (nobody really calls it U of M) is, last I looked, #27 on the USA Today list of top national universities. Maybe he needs to go to a UMich football game, best against Ohio State 😉 (a former boss, who went to Ohio State, mentioned to me that he would pay for his daughter's college education no matter where she would go, except UMich Ann Arbor; the rivalry is that strong...) In fact, one of my personal friends was, as an undergrad at UMich, Ann Arbor, room mate with a certain Larry Page, who later, as a graduate student at Stanford, launched Google with his fellow Stanford graduate student Sergey Brin, who immigrated to the US as a child with his family from the Soviet Union ... Immigrants are good for the US.
  21. JoeF

    U.S. Income Tax after Green Card

    Actually, it is. IRS Publication 519, Tax Guide for Aliens. In particular, the "Green Card Test". A person who is a Permanent Resident even for one day in the tax year is a US Tax Resident and has to declare his or her worldwide income for the year on the US Tax Return. FBAR is of course also an important thing.
  22. JoeF

    U.S. Income Tax after Green Card

    As a Permanent Resident you have to declare your worldwide income on your US tax returns. See IRS Publication 519, Tax Guide for Aliens.
  23. JoeF

    H1 SOC for SAP Functional Consultant

    The employer's lawyer needs to handle that.
  24. JoeF

    My Friend Visit to USA

    If the visa is valid he can just book a flight and go.
  25. JoeF

    H1B question

    The people staffing the USCIS phone lines don't know the regs, either. They just follow scripts. The best thing is always to consult with a competent lawyer.