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Everything posted by JoeF

  1. If you are not working for the H1 employer anymore the employer had to inform USCIS, so the H1 would be revoked.
  2. JoeF

    Marriage and U.S. Immigration

    Chances are pretty much zero.
  3. JoeF

    221g bankstatements

    That would be fraud, and would get both him and the OP in lots of trouble. Why do people even think they can do this kind of stuff???
  4. JoeF

    H1B transfer

    No, you can not transfer that old H1. It is gone because it was withdrawn before it started and you never works d for the original H1 employer. The new company can file an H1 in next year's quota for a start date of Oct. 1, 2020.
  5. JoeF

    H1B Extension denied, I-94 expired

    No he can not. There is no grace period for him. Read the rules.
  6. JoeF

    H1b Revoked

    On H1 you ALWAYS have to get paid at least the salary listed on the LCA. If you didn't get paid you were out of status, and any new H1 would be approved for consular notification only. File a complaint with DOL on form WH4 to report the fraud employer and help get the money that is owed you. Also, having a WH4 filed allows you to transfer the H1.
  7. JoeF

    H1-B Approved but never travelled.

    Since you never worked for the employer on the H1 you are not considered counted in the quota. You are not cap-exempt.
  8. That is illegal. The company is a fraud. You can not travel on the H1 because you are no longer with xyz. Using the H1 would be immigration fraud. Find a better employer, not a shady company that encourages you to do immigration fraud. You would need a new approved H1 to travel.
  9. JoeF

    H1B Transfer

    If company B doesn't respond to the RFE their H1 will get denied. It wouldn't affect company A's H1 petition.
  10. JoeF

    H1b petition revoked by uscis

    The old employer was required BY LAW to inform USCIS. I am sure their lawyer told them that. Every immigration lawyer know this, and advises their clients accordingly.
  11. JoeF

    H1B Extension denied, I-94 expired

    His I-94 is expired, so he does NOT have any grace period. The rule for the grace period is "60 days or until I-94 expiration, whichever is shorter."
  12. JoeF

    Starting a business on H1B Visa

    No, he can NOT "open any Corp on her name." SHE can open a business. SHE would have to run it, WITHOUT his input. They wouldn't even be allowed to discuss the business during dinner.
  13. JoeF

    H1 to H4 cos

    The petition would have to reach USCIS before the 60 days are over. Mailing it out on the 60th day won't work.
  14. Applying at a real university takes several months. Going to a fraud CPT institution will result in you not getting an H1, ever. If you have used OPT you can't use CPT on the same educational level. Also, as soon as you are enrolled in another institution your OPT stops, and cap-gap stops.
  15. The H4s are not tied to your employer. They are tied to your H1. So, you getting a new H1 is all that is needed.
  16. JoeF

    Form i 539, Part 4. Questions 3 and 4.

    You have to answer with Yes. A lie would have had consequences. The H4 allows immigration intent, so there is no issue.
  17. JoeF

    H4 and H4 EAD apply together by myself

    Yes you can. Form I-539 for the H4 and I-765 for the EAD. All forms and instructions are available from the USCIS website.
  18. JoeF

    N-400 - Selective Service question

    If he overstayed he was not a lawful nonimmigrant, so he was required to register with Selective Services. He has to answer the question with a Yes.
  19. First, there is no sponsorship for visitor visas. The only thing there is who pays for the trip, but that's not sponsorship. Second, the important thing is that the applicant can convince the officer that he/she will return to their home country. Third, applying and reapplying within a few months shows some kind of urgency. Is there a pregnancy involved? Fourth, visa issuance is never guaranteed. Unless things have changed significantly the denials will continue and they are just wasting their time and money.
  20. JoeF

    selected B1/B2 instead B2 usa

    The visitor visa is always issued as B1/B2. So, there is no issue.
  21. You know that you can use a search engine and find out what 22CFR41.122 means. It is the law section about visa revocation. The particular section would likely be 22CFR41.122(e)(3)/(4) "(3) The alien is notified pursuant to INA 235 by an immigration officer at a port of entry that the alien appears to be inadmissible to the United States, and the alien requests and is granted permission to withdraw the application for admission; (4) A final order of deportation or removal or a final order granting voluntary departure with an alternate order of deportation or removal is entered against the alien"
  22. JoeF

    H1B Extension denied, I-94 expired

    Since your I-94 is expired you have to leave the country. An employer can file a new H1 for you at any time, and you can get a new H1 visa and enter the country again when the new H1 is approved.
  23. JoeF

    H1b petition revoked by uscis

    If you changed employers the old employer was required by law to inform USCIS that you no longer work there. That results in revocation of the H1 petition from the old employer. It has no effect on your H1 nor on the ability to transfer the H1.
  24. JoeF

    Revoked H1B Cap Petition

    If you leave an employer the employer by law is required to inform USCIS that you no longer work there. That will result in revocation of the H1 petition from that employer. This is likely what happened. It has no effect on you, in particular, you are still cap-exempt.
  25. JoeF

    H1B Transfer

    If you left company A they by law had to inform USCIS that you no longer work there. Why would they file and pay for a petition if you no longer work there? Do they want to hire you back?