JoeF

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Everything posted by JoeF

  1. Answer with yes, and explain that it was a CWOP. It is not a problem.
  2. They will cancel the H1 extension. You have a 60 day grace period after layoff to find a new employer.
  3. It is nowadays easy to educate oneself about leg terms. Just enter the term into the search engine of your choice.
  4. The employer is wrong. As long as the work was done while you had work authorization the employer has to pay you. Get a lawyer involved.
  5. Did employer A inform USCIS that you weren't working there? If not, did they pay you for the time you were not working there? If an employer doesn't inform USCIS, then the person was still an employee and needed to get paid.
  6. Yes, that is correct.
  7. It doesn't cost you anything, because the employer has to pay for the H1.
  8. On H1 you can only work for your employer. You can not have any active income from anywhere we, including your from work on your own. And as mehopeful mentioned, you can not even volunteer, unless everybody in similar positions in the organization volunteers (a classic example is volunteering in a church.)
  9. You are correct. Receipt means receipt from USCIS, not mail carrier receipt.
  10. The employer has to pay you during that time. You have to get paid all the time while being employed. The employer knows that, the rules are listed on the I-129 that he signed. If the employer doesn't want to pay you for that time, file a complaint with DOL on form WH4. And you should find a better employer, one who knows the laws.
  11. H1 revocation by the old employer is completely irrelevant for you. The employer is required by law to inform USCIS that you no longer work there.
  12. A transfer is always just a new cap-exempt H1. It doesn't matter if your old H1 expired.
  13. You all got the GC. The H4 is irrelevant. Stop worrying about it. Just ignore it.
  14. That ONLY applies if you don't go for visa stamping. If you go for stamping you can NOT reenter if the stamping is denied.
  15. You are not applying for your in-laws. They apply themselves. You filling out the form is not "applying for them."
  16. If you were arrested you had to answer with a Yes. A lie will come back to bite you.
  17. A COS of course would get canceled as soon as you travel abroad, because by definition, you only have a status you can change while in the US. But you can get an F1 visa abroad, and use that visa to enter in F1 status. No COS required.
  18. Did you pay for the H1? You have to trust the employer's word.
  19. It is illegal to pay for an H1. Why did you wait this long? It is possible to file a complaint with DOL on form WH4 for up to 1 year after the H1 violation. Next time, stay away from any employer who wants money for an H1. Such employers are frauds.
  20. Form I-134 is completely irrelevant. It is never needed, and it isn't even enforceable.
  21. The old employer had to inform USCIS when tou stopped working there. If they want to hire you back, they would have to file (and pay for) a new H1 petition.
  22. Having entered on H4 is probably the problem here. If you had entered with a visitor visa, just adding 5 days would have worked (see the quote from 8 CFR 214.2(l)(1)(ii) below.) You need to discuss your situation with a good immigration lawyer. https://www.ecfr.gov/cgi-bin/text-idx?SID=b706fc450a6e806df9fe8998b8393528&mc=true&node=pt8.1.214&rgn=div5#se8.1.214_12 "(ii) Definitions—(A) Intracompany transferee means an alien who, within three years preceding the time of his or her application for admission into the United States, has been employed abroad continuously for one year by a firm or corporation or other legal entity or parent, branch, affiliate, or subsidiary thereof, and who seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof in a capacity that is managerial, executive, or involves specialized knowledge. Periods spent in the United States in lawful status for a branch of the same employer or a parent, affiliate, or subsidiary thereof and brief trips to the United States for business or pleasure shall not be interruptive of the one year of continuous employment abroad but such periods shall not be counted toward fulfillment of that requirement. "
  23. The employer has to pay these fees and can't get reimbursed for them. That's in 20CFR655.731, which is referenced on the LCA that the employer signed, so they are aware of it.
  24. On H1, you ha e to get paid all the time while in the US, even without a project. That's the law, and the employer knows it. File a complaint with DOL on form WH4. And find a better employer.