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Everything posted by JoeF

  1. JoeF

    H4 approved without I092

    If she leaves the country she would have a ban for 3 years. You need to discuss the situation with a good immigration lawyer ASAP.
  2. JoeF

    Stay after H1 trasnfer denail

    It may well be once the first RFE is answered. Nobody knows the mystery of USCIS... But it eventually will get noticed, and then the sh*t hits the fan, and everybody claims to be surprised.
  3. JoeF

    H1b grace period- 60 or 180 days?

    The grace period is 60 days.
  4. The question was answered in the post quoted (in fact by me, with nearly the same wording as here; I should create a template...)
  5. An I-140 is automatically invalid if the employer goes put of business. It is not clear from the law language if you can still use that I-140 to be extend the H1. You should discuss your situation with a good immigration lawyer.
  6. The employer has to pay for the H1, even if you don't join them.
  7. Sure you can. But the wait time for family category 4, sibling of a US citizen, is 14+ years.
  8. The H1 is gone. It will not get approved since there is no job. And it obviously can't be transferred if it isn't approved.
  9. JoeF

    Stay after H1 trasnfer denail

    You have not been counted for the quota because you never worked for the original employer on the H1. That means you can not work on receipt, and a new employer would have to file an H1 in next year's quota. You have to leave the country.
  10. JoeF

    Convert from H1B to F1

    As soon as an I-140 is filed it is not possible to change to F1. The I-140 shows immigration intent, which is not allowed for F1. An approved I-140 allows to extend an H1 until the PD is current.
  11. Sure, that's possible. But the wait time for a sibling of a US citizen (family category 4) currently is 14 years.
  12. JoeF

    Is it safe to stay if lost job (Hi b)

    Severance pay is never mandatory, it is employer-specific. There certainly is no law about 2/3 months salary or whatever. If you get laid off while on H1, the employer has to pay for the reasonable cost of transportation to your home country. That's the only obligation the employer has.
  13. JoeF

    N-400 & 9 Traffic violations

    The rule is that moving violations have to be listed. I personally would consider red-light tickets to be moving violations, but if they explicitly said they are not... They probably didn't want to figure out who the driver was... That's really the main thing. Non-moving tickets go to the owner of the car who hasn't necessarily been the driver. Moving tickets go to the driver.
  14. JoeF

    Travelling during H1-B pending COS

    Just a little nitpick: It is not Consular Processing, because there is no processing at the consulate involved. It is just like any other H1 Visa application process. If it is indicated on the H1 petition it is known as Consular Notification. Consular Processing is a process for the Green card, getting an immigrant visa at the consulate. There they do some processing.
  15. The beneficiary has to wait for the PD to be current to file an I-485 (if the person is in the US) or do Consular Processing. The NVC (National Visa Center) will send a letter when the PD is close to being current. For siblings of US citizens, the wait time is about 14 years right now. If an I-485 is filed before the PD is current it will be returned or denied. It is completely irrelevant when USCIS approves the I-130. The beneficiary ALWAYS has to wait for the PD to become current.
  16. The best response, indeed the only response, is the truth. Why is that even a question?
  17. JoeF

    H1B grace period

    Applying at a university and getting accepted takes way more time than 60 days. And going to a fraud institution would result in a lot more problems.
  18. If the petition asks for it, yes. It is no problem to have both an I-140 and an I-130.
  19. JoeF

    Any risk of visitor visa extension?

    You realize that you have to be a US Citizen to sponsor a GC for your parents, right? Also, they would have to reside in the US once they have the GC. Applying while they are in the US on a visitor visa could result in problems because the visitor visa doesn't allow immigration intent. As others have said, if they wish to move to the US, you should indicate Consular Processing on the I-130. If they just want to visit once in a while, going for a GC would be the wrong way.
  20. JoeF

    Work from Home site- H1B/LCA

    You need a new LCA and H1 amendment.
  21. JoeF

    H1 to F2

    The F2 doesn't allow immigration intent. With an I-140, you have shown immigration intent, though, so it is unlikely you would get an F2.
  22. My response is grounded in reality. I don't care if you like it or not, but people who have been both US and Canadian Permanent Residents have gotten into trouble when entering the US, with the US border people canceling the US GC on grounds that the people don't reside permanently in the US because they reside in another country. As A US LPR, you absolutely have to PERMANENTLY reside in the US. If you reside somewhere else, like with a Canadian Permanent Residency, that means to US authorities that you don't reside in the US. The US authorities don't care about what Canada requires to keep their residency, they care about residency, and residency somewhere else means you are not residing in the US, i.e., you abandoned the US GC.
  23. JoeF

    Visitor visa overstay

    Any overstay automatically invalidates the visa. So, a person trying to enter with the same visa after an overstay WILL get denied entry. This has been the law from way before Trump. It for sure is 100% enforced under Trump.
  24. You are wrong. Canadian citizens don't need an H4 visa. They can get admitted in H4 status at the border. This has been possible for a long time, at least a decade.
  25. You don't apply for PERM, the employer does. An the H4 EAD requires an approved I-140.