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Everything posted by JoeF

  1. JoeF

    H1b to F1 - Stamping in Canada

    If you can get an appointment in Canada, that would work. You could also just file a COS to F1. You are legal while that's pending, even if you resign from the company before the COS is approved. You can study while the COS is pending. Talk with the Registrar's office and the International Office at the university.
  2. JoeF

    H1b to F1 - Stamping in Canada

    While it is in principle possible to study on H1, you'd have to continue working for the employer. 40 hours/week working doesn't leave much time for studying. And graduate studies at a real university takes most of the waking hours. I commend the OP for taking up that challenge.
  3. This isn't CPT. Please educate yourself. Work on campus is always allowed, but not more than 20 hours when class is in session.
  4. You absolutely can't work more than 20 hours while classes are in session. HR or the department approving it is irrelevant. The law does not allow more than 20 hours/week, and the university can not override that. You should have said 'No' when they asked you to work more.
  5. The H4 is not dependent on the employer. No need to file an H4 again. The old employer also has no power over the H4. It only depends on your H1. Just make sure to remember to file a new H4 before the current one expires.
  6. JoeF

    H1-B Transfer

    A petition can be filed at any time, but after the 60 day grace period is would not be an extension of status, it would be consular notification.
  7. JoeF

    H4 to H1b Visa Approved but Layoff possibility

    Unless you actually start working on the H1 for the original employer you are not cap-exempt.
  8. First thing is to stop this immediately. Other than that, your only hope is that they overlook it. If you didn't have much business they may.
  9. It is pretty much impossible to work 2 fulltime jobs on the H1 level. That's 80 hours/week. When do you eat, sleep, etc.??? This is not mindless burger flipping. And employment contracts usually prohibit working on the side without employer approval. You could get fired for cause by both employers.
  10. JoeF

    Unpaid wages and leave applied

    That is illegal. How long ago was that? A leave of absence forced by the employer is illegal. You have 1 year after the rule violation to report it on form WH4.
  11. Yup. Unless the person actually starts the job employment agreements don't matter. It has happened that people moved to a different state only to be told by the employer a day before the job was starting that the job is canceled. The prospective employer can do the same thing. Once the person has started working and signed the employment contract things are different. Although employment is still at will, meaning both employer and employee can terminate the relationship at any time.
  12. Yes, but the OP was asking about applying for an H1 after I-94 expiration. The rule you mentioned only applies if a new H1 is filed within the 60 day grace period (or before the I-94 expires, whichever is earlier.)
  13. Getting admission to a university takes several months. It is nothing that can be done in this case. And signing up with a fraud "university" would only make things worse for the OP. It would kill the future in the US forever.
  14. Some people seem to be clueless about the Internet. Why in the world would you provide your phone number to everybody in the world??? Scammers are the only ones who like that. Geez. People living in the last Century.... In addition, expecting that somebody who posted 2 years ago would still be around and call you is naive to the max.
  15. JoeF

    H1b Rehire rules

    The employer was required by law to inform USCIS that you no longer work there. If they want to hire you back they absolutely have to file (and pay for) a new H1 petition.
  16. No it doesn't say that. That's only for F1 I-94s. An I-94 that specifies H1 status has a specific end date.
  17. JoeF

    H4 EAD Unemployment Benefits

    For unemployment benefits, the person has to be willing and able to work for any employer. With the H4 EAD she can work foe any employer, so she would qualify. Unemployment benefits are paid out of an insurance the employers pay into. It is not a public benefit, so there are nobodies for a Green card.
  18. You heard wrong. There is no such 180 days.
  19. You have to stop working when the max out date is reached. And you only have a 10-day grace period from the max out date.
  20. No, it is not legal to stay past the grace period, even if the I-94 is still valid.
  21. The grace period is 60 days or until the I-94 expires, whichever is earlier.
  22. JoeF

    H1b Denied today! What are my options?

    You have to stop working immediately. A refile would only be with Consular Notification since your I-94 is expired. And you don't have standing to file any lawsuit. The H1 is the employer's petition, only the employer could file a lawsuit.
  23. JoeF

    Tourist visa

    File form I-539.