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JoeF

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Everything posted by JoeF

  1. Filing an EAD doesn't invalidate your H1. Using an EAD does.
  2. No need for an H1 filing for a few years when you are on OPT and STEM OPT. So, the hassle of an H1 didn't even come into play for you right out of college. And GPA is just one consideration among many when hiring decisions are made.
  3. JoeF

    H1b Cap Gap and employee termination

    The company by law has to inform USCIS when she no longer works there. There is nothing you or she can do. Employment in the US is at will, meaning both sides can terminate the employment relationship at any time. And it isn't grounds to sue. Going to some consulting company wouldn't help, either, because the H1 petition will get canceled when the employer informs USCIS. A transfer would also require that she has started working for the original employer on the H1. The H1 is gone, sorry.
  4. First, you can only apply for an L1 if you have been working for the employer abroad for at least a year in the last 3 years. Second, the clock only resets if the person is abroad for year before a new petition is FILED. That makes very clear that you can only apply for an L1 after a year abroad.
  5. JoeF

    H1 to H4 ???

    The H4 EAD may not be around for much longer. The current administration wants to cancel that.
  6. Reopen would only help if there is new information that wasn't known before. As for the other questions, it seems you haven't fully understood what I said. You aren't considered counted in the quota, and because of that a new petition with this or another employer would only be possible on April 1, 2019, for a start date of Oct. 1, 2019. As an aside, I really don't understand why people who graduated from a US university go with shady consulting companies (EVC is a recipe for denials). US universities regularly have job fairs where real companies look for new employees (my employer had a booth just last week at a job fair at the local public university, and I've been told there was a line of people being interested in a job.) Assuming of course that you went to a real university and not to one of those shady 4-th tier institutions that are more accurately described as diploma mills.
  7. And #1 is mandatory if the person leaves the employer. The employer is required by law to inform USCIS if the person on H1 no longer works there.
  8. Well, once your OPT expires you have a 60 day grace period to leave the country. A new H1 can be filed by an employer in April 2019, for a start date of Oct. 2019. That's pretty much it. Oh, and the H1 is gone because the client position it was filed for has to exist all the way until you start working on the H1. If the client changes before the H1 starts the basis for the H1 is gone.
  9. JoeF

    60 Days Grace period on H1B Denial

    To expand on that, the grace period is 60 days or until the expiration of the I-94, whichever is shorter. If the I-94 expires in October and the H1 gets denied in November, there is no grace period because the I-94 has expired.
  10. Well, your question implied that you are going to join B: "And after coming from India, Can i join to new company B?? " Please don't think we can't figure this out... It's all "totally hypothetical", except that it isn't... The officer at the Consulate will know that you have an approved H1 from B.
  11. JoeF

    Parents B2 Visa Refused

    The officer of course asked the questions for a reason. These are not random questions. It is sad that you don't seem to understand that. The context is important, and the context likely is that OP's father had just seen his grandson.
  12. JoeF

    H1-B revocation, i-94 active

    The old employer iis required by law to inform USCIS that you no longer work there. That is an administrative thing and has no effect on you or your I-94.
  13. You are not cap-counted when the petition is selected. You are only cap-counted when the petition is approved.
  14. That's obviously a website issue, looks like the database query to get the service center name failed. It is irrelevant for your case.
  15. You'd have to ask the company if they help tou in case of a denial...
  16. JoeF

    Work Remotely for few weeks on OPT STEM extension

    If you are outside the US you are not in any status, by definition. So the rules about F1/OPT don't apply when you are abroad.
  17. JoeF

    Own business on H1b

    The entrepreneur H1 that you seem to be talking about is designed for startups that have gotten venture capital. It is not for fly-by-night consulting companies or mom-and-pop shops. The VC companies will make sure that there is a Board of Directors, to keep tabs on the money they are investing. In the dot-com era, way too many startups wasted their VC money on fancy office furniture (office chairs for over $1k a pop come to mind... https://en.m.wikipedia.org/wiki/Aeron_chair) or big parties. If you don't know what a Board of Directors is or does or who usually sits on it it indicates that you haven't educated yourself about how startups work (I've worked in startup companies for most of my career.)
  18. JoeF

    H1B Denial - Corporate Recklessness

    The H1 is the employer's petition. You have no say in it, and you can't fight anything the company did or didn't do. The big Indian consulting companies are actually known to be pretty bad. Find a better employer, not a consulting company.
  19. Even if something is approved it would be in error and will just cause lots more problems later on, when USCIS realizes the error.
  20. The lawyer from company C is correct. Your H1 is invalid. This can result in you being declared illegal retroactively, which could mean you'd be banned for 10 years. You have to stop working immediately. Consult with a good immigration lawyer, e.g., the firm of Murthy, about your next steps. As I see it, you have to leave the country, but I am a lay person.
  21. JoeF

    Parents B2 Visa Refused

    Good find. In another post, the OP said: "I am planning to travel on July 28th and come back on Aug19 ." Really makes one wonder what the real reason for the visit of his parents is. To anybody seeing this, in particular a Consular Officer, this really raises lots of red flags.
  22. JoeF

    L1B and H1B

    Date of entry is irrelevant. What matters is the date when the H1 was filed. If it was FILED more than a year after you left the US, then and only then the clock would have reset.
  23. JoeF

    H1B Transfer without working on H1B

    A transfer is only possible once you start working for employer A (and get paid.) You can't continue on OPT if the H1 is not revoked before Oct. 1. Your F1 and OPT would be gone forever. The bottom line: A transfer is not possible, and if the H1 is not revoked before Oct. 1 your OPT is also gone. So, it would be the worst of things. Make sure the employer revoked the H1 before Oct. 1. Only that would keep your OPT active.
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