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JoeF

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Everything posted by JoeF

  1. JoeF

    H4 status after working on Green Card EAD

    You can apply for an H4, but if you continue working you would immediately be back on the EAD. I am sure USCIS wouldn't mind the money you pay for the H4 which you would just be wasting if you continue working.
  2. JoeF

    I-797B

    If your SEVIS is terminated you need to leave the country. You are no longer on F1. Any reason why COS was denied?
  3. The visa in the passport is an entry document. A person changing status in the US doesn't need a visa. The I-94 determines the status and the allowed stay in the US.
  4. JoeF

    Working After applying MTR or Appeal

    An MTR doesn't give you any immigration rights. You can not work while an MTR is pending.
  5. JoeF

    H1-B Renewal Background Checks

    They may check criminal history, and of course your employment history to make sure you always were in status. Rental history or credit history would be a civil issue with the apartment complexes or credit card companies, and have nothing to do with immigration.
  6. JoeF

    VWP to H1B transfer once in US

    See https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html "If you enter the United States under the Visa Waiver Program, you are not permitted to extend your stay in the United States beyond the initial admission period." "If you enter the United States under the Visa Waiver Program, you are not permitted to change status in the United States."
  7. JoeF

    VWP to H1B transfer once in US

    Sorry, that's wrong. The VWP does not allow EOS or COS. The OP will have to leave, get an H1 visa, and enter with that.
  8. The employer and his lawyer have to handle that. Why don't you ask the employer's lawyer for guidance? They know more about your case than people on an Internet forum.
  9. JoeF

    Change of Status Denied for H1B

    The OP isn't in legal status, and hasn't been for quite a while. That's why USCIS denied the COS. This is happening a lot to people who abuse the CPT, who use more than one year of Practical Training per educational level. Such people can essentially kiss their future in the US goodbye. The bottom line: stay away, far away, from any CPT from Day 1 stuff. It is always fraud.
  10. JoeF

    VWP to H1B transfer once in US

    It is not allowed to change from B1/B2 through the Visa Waiver Program to any other status. You have to leave the country, get an H1 visa, and enter with that.
  11. JoeF

    Change of Status Denied for H1B

    If you have used OPT your CPT is illegal. CPT is for required internships, not for working in some arbitrary job for some arbitrary client. It is unlikely you would be able to reactivate the F1, or get any other visa. Abuse of CPT kills the future in the US.
  12. No, that's bot public charge.
  13. And if you are from India you lose Indian Citizenship when you get US citizenship, because India doesn't allow dual citizenship. Were you to give up US Citizenship later you would have no citizenship at all.
  14. https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Renunciation-US-Nationality-Abroad.html
  15. JoeF

    H1 Status

    It is 60 days, which is less than 2 months. The 60 days expire on Oct. 22, not 23. If you don't have the receipt on Oct. 22 your H1 will likely not be approved as EOS. You may ha e to leave the country.
  16. JoeF

    H-1B - 221g - Stuck in India

    Senator and Congressperson emails are completely and totally irrelevant and won't help anyrhing. That's just a waste of time. The only thing that matters is that the job qualifies for an H,q, and that there is an employer-employee relationship, which with EVC pretty much never is. Can your employer show up at the client and direct to work? The bottom line: avoid EVC, find a direct employer or EC at most.
  17. If a person has used OPT, the person can only get another OPT for a higher educational level. 8 CFR 214.2(f)(10). Further, if an I-140 has been filed it is pretty much impossible to get an F1. The F1 does not allow immigration intent, but the I-140 shows that the person has immigration intent.
  18. Your new work location is your home, so you need a new LCA, unless your LCA already lists your home as work location.
  19. JoeF

    SEVIS Terminated

    It is YOUR responsibility to know the rules. 8 CFR 214.2(f)(10). Online on the USCIS website. "(10) Practical training. Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year. This provision also includes students who, during their course of study, were enrolled in a study abroad program, if the student had spent at least one full academic term enrolled in a full course of study in the United States prior to studying abroad. A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training when he or she changes to a higher educational level. " In particular, the last sentence. Doesn't get any clearer than that.
  20. JoeF

    H1B RFE about OPT and CPT status

    8 CFR 214.2(f)(10), as I've mentioned before. The law is online, e.g. on the USCIS website. "(10) Practical training. Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year. This provision also includes students who, during their course of study, were enrolled in a study abroad program, if the student had spent at least one full academic term enrolled in a full course of study in the United States prior to studying abroad. A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training when he or she changes to a higher educational level." In particular, the last sentence. USCIS may not check this when a school files the CPT paperwork. But they DO check later on when you try to get a COS. Lots of people got RFEs about maintenance of status (which they didn't if they used more than 1 year of PT.) It is YOUR responsibility to be aware of the rules.
  21. JoeF

    F1 renewal when MTR is pending

    What is the MTR about? F1? H1?
  22. JoeF

    SEVIS Terminated

    First, your CPT was illegal. You have one year of Practical Training per educational level, and you used that up with the OPT. Second, on F1, online study is not allowed. It is unlikely that you will get another F1, or any other visa, since you have a history of status violations.
  23. JoeF

    Changes in N400 after online filing

    Relax. You can update that at the interview.
  24. JoeF

    H1B Extn Denial - Beneficiary Qualification

    Why don't you discuss this with your employer and his lawyer?
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