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JoeF

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Everything posted by JoeF

  1. JoeF

    Apply H1 while H4 EAD is pending

    Unless that employer is a non-profit, it is only possible for a company to file an H1 when the quota is open, which would be April 2020 for a start date of Oct. 2020.
  2. The employer is required by law to inform USCIS that you no longer work there. That is completely irrelevant for you. You have a 60 day grace period (or until the I-94 expiration, whichever is shorter) to find a new job or leave the country. After that, the H4 for your spouse and with it the H4-EAD would become invalid.
  3. JoeF

    Stamping with 2 Part Time H-1Bs

    You always only apply for one visa. You probably have to show the approval notices for both H1 petitions when you enter. But it is always only one visa. There is no such thing as "part time visa." A visa is an entry document that allows you to enter the US in the particular status associated with the visa. Pet time or full time are specifics of the H1 petitions, which are separate from a visa.
  4. JoeF

    H1B Forgot to Submit a Copy

    Then you should get one. You are obviously in this over your head.
  5. JoeF

    OVERSTAY WAIVER APPLICATION

    Yes, you did overstay deliberately. It is your duty to educate yourself about the laws. Ignorance of the law is not an excuse.
  6. That H1 is gone because it was never activated. A transfer is not possible. A new employer can file an H1 for you in next year's quota.
  7. JoeF

    OVERSTAY WAIVER APPLICATION

    So, you accrued Unlawful Presence, and worked illegally. There is no waiver for that. You have to leave and you will have a 3-year ban. No way around it.
  8. JoeF

    Visit visa B-1 for mother

    Lying about the real purpose is a very bad idea. It can result in a lifelong ban. Rule #1: NEVER lie to an immigration official.
  9. You have to start working for the H1 employer on Oct. 1 before a transfer would be possible.
  10. JoeF

    H1B Forgot to Submit a Copy

    You are not supposed to prepare the H1 paperwork. The employer and his lawyer ha e to do it. Your involvement can result in a denial.
  11. JoeF

    H1B RFE response help

    The previous denial is of course in your file. If the employer and lawyer don't know how to answer the RFE you should find a better employer.
  12. JoeF

    H1b Noid

    First, it is not very likely that the H1 would be approved, given that you use CPT, which is a big red flag. Second, if approved, you have to start working for the employer on the H1 before a transfer would be possible.
  13. JoeF

    H1B CAP Exempt Question

    No, you are not exempt.
  14. JoeF

    LPR Status Abandonment Risk?

    She needs to live in the US. It is called "Permanent Resident" for a reason. It is not and has never been enough to just travel to the US once in a while for a few weeks.
  15. First, CPT is a big red flag. That alone would probably result in a denial. Second, submitting documents that no longer apply is immigration fraud.
  16. JoeF

    EB2 - Green Card - Cross Chargeability

    Cross-chargeability only applies if your spouse was born in a different country.
  17. JoeF

    Change of status - H1 to H4

    Form I-539.
  18. JoeF

    Received offer from US, H1B expired 4 years back

    The H1 would be for consular notification, so the approval won t have an I-94 if you are not in the US when it is filed. And entering on B2 and soon after filing a COS to H1 would likely result in denial due to fraud, because it would be entering with the intent to change to H1. The bottom line: such stuff is not going to work.
  19. The grace period starts from the day of layoff. The employer by law has to inform USCIS that she no longer works there.
  20. JoeF

    Received offer from US, H1B expired 4 years back

    You can not work for the company on a visitor visa.
  21. JoeF

    Unpaid Leave of Absence on H1-B and Outside USA

    When you are outside the US you are by definition not in any status, so there is no problem not getting paid.
  22. JoeF

    F1 to H4 COS and H4 EAD

    The H4 EAD will generally only be processed once you are in H4 status. So, a break in employment is very likely.
  23. The pending I-485 keeps you legal. Once the EAD is approved you can work anywhere.
  24. JoeF

    H1B out of cap processing

    Wrong. Revocation of the old H1 is completely irrelevant.
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