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Everything posted by JoeF

  1. JoeF

    Cooling period question

  2. She is legal while the H4 petition is pending.
  3. JoeF

    H1 B (Staffing firms)

    A staffing firm can't get H1s, because there wouldn't be an employer-employee relationship. Consulting firms are not staffing firms. And protecting against people "jumping ship" is easy: provide a good working environment, with group healthcare, decent salary, paid vacation, etc.
  4. JoeF

    H4 Visa and I-94 expired 362 days ago

    She is banned for 3 years. She won t get a visa until the 3 years are over.
  5. The H1 is the employer's petition. You can not get an outside lawyer. An MTR doesn't give you any immigration rights. And an MTR doesn't allow changing things. ThE employer should have filed with the correct job title/soc code from the beginning.ave to stop working immediately and you have to leave the country.
  6. Care to tell us which Institution this is? As per the law, for the Master's quota, the degree has to be from an accredited, public or non-profit private university. If the institution was for-profit when you got the degree you can not use the degree for the Master's quota. That's also what the RFE says. Tou would have to show that the institution is accredited, and is a public or non-profit private university.
  7. JoeF

    H1B Denied! Any options left?

    The employer had to pay for the H1. There were no fees for you to pay. If you paid something, get it back from the employer. And next time stay away from any employer who wants you to pay for an H1. It is illegal.
  8. Consular Processing requires a job offer from the employer who filed the I-140.
  9. There is no sponsoring for visitor visas, as has been explained here thousands of times. Bank balance also doesn't matter. It is well known that money can be moved in and out of a bank account in seconds. The ONLY thing that matters is that the applicant can convince the consular officer that he or she will return to the home country. Again, that's the ONLY thing that matters. Forget all the stuff about sponsoring or bank balance or any other of the stuff that gets mentioned by clueless people on other forums. Use common sense. It is THAT simple.
  10. JoeF

    EAD for dependent child after 18yrs age on L2

    I understood his post just fine: When an I-485 is filed for the child it is possible to file for an EAD, based on the I-485, as well. It is NOT possible to get an EAD for a child based on the L2 status. Different basis for the EAD.
  11. That's why there is an interview where they go over the application with you. You can correct it at the interview. No big deal.
  12. JoeF

    I-94 expired 9 months ago visa valid

    I already told you, you need to talk to a good immigration lawyer ASAP!
  13. Unemployment benefits are not public benefits, they come out of an insurance the employers pay into. That means there is no issue for naturalization, or anything else with it.
  14. JoeF

    I-539 Approval

    Yes. She is legal while the petition is pending.
  15. What makes you think signing up with a fraud institution and working illegally with a fraud CPT would not have an effect on both your and your spouse's status? You have used OPT already, so you can not even get CPT for the same educational level.
  16. JoeF

    H1b amendment

    The H1 has to be approvable, which means everything about the H1, including location and client, needs to stay valid until the H1 starts.
  17. No real university offers CPT from day 1. Signing up with a fraud institution will kill your F1, your wife's F2, and your future in the US.
  18. JoeF

    I-94 expired 9 months ago visa valid

    Your only option would be to file nunc-pro-tunc. Discuss this with an immigration lawyer ASAP. Do not go to a CBP office, you could get arrested and deported. Also, if you travel out of the country you would be banned for 3 years.
  19. JoeF

    H1B Extension application reached late at USCIS

    The important thing: what the expiration date of the I-94? If the I-94 was valid when USCIS received the package you should be ok.
  20. If company A doesn't respond to the RFE their H1 will get denied, anyway.
  21. JoeF

    Travel on Previously employer H1B Stamped VISA

    You can travel just fine with the existing valid visa and a copy of the new H1 approval notice.
  22. JoeF

    Terminated on H1B

    The new H1 petition should reach USCIS before the 60th day is over. Otherwise, it may be approved for Consular Notification only. The old employer by law has to inform USCIS that you no longer work there. It has no effect on you.