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GCoder

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About GCoder

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  1. GCoder

    H4 EAD at loss of pay

    Technically an Employer paying a bonus is legal. However, an employee working without authorization is illegal. This will be considered as fraudulent.
  2. AFAIK, you need valid & approved H1B petition to apply for H4. If you have moved to new employer on receipt, you need to wait for approval before you can apply H4 for your spouse. If you are still working for current employer, you can use the current petition to apply for H4
  3. Since H1B COS or stamping is not done, that H1B cannot be transferred. If the original is still available, she can go for H1B stamping and if stamping is successful, she will be eligible for stamping. Also, please note that if she goes for stamping without the original position available, it would be considered fraudulent/misrepresentation.
  4. AFAIK you need to establish contact with your old employer. If the NOIR is not addressed, your original H1 may be revoked, and you will not be cap counted. talk to an attorney for more options.
  5. GCoder

    Wage level decrease from Level 3 to 2

    1) Yes. 2) employer's responsibility to prove that it is indeed a speciality occupation.
  6. GCoder

    H1b COS denied. Is out of status?.

    She is in status since here h4 extension is pending. no need to worry. she can stay till she gets decision on H4 ext.
  7. 1) COS to B1/B2 with the intention of attending interviews is illegal. 2) Yes 3) Yes
  8. 1) H1B is an employer based petition. If your employer doesn't want to apply with only 1.8 years left. Then it is their call 2) Yes 3) It is again discretion of your future employer to initiate perm processing.
  9. GCoder

    H1B Petition Transfer in USA - Easy or Complex?

    It is illegal to travel without a valid project. you need to get an approved h1b petition/stamping before you can travel.
  10. GCoder

    H1B Work from Home/ Home address on LCA

    Check with an independent attorney. However, There is nothing much you can do here. Your employer/client dictates your work location since they are the petitioners. The only other option is to change employer
  11. GCoder

    Revoked my H1B from USCIS

    Based on what I understand, you have been benched by Employer B between (Dec 6th & Jun 12th). Benching is illegal. Since your current H1B is revoked, you are no longer maintaining status. You need to exit immediately. Fortunately you are still cap-exempt. you can apply again with premium processing. The whole process may take anywhere between 2 months (RFE response time if Any). However, since USCIS has revoked the H1, you might face additional scrutiny and there are high chances that the new H1B might be denied. 1. You are cap-exempt 2. 2 months (premium processing) + rfe response time. 3. you are not eligible for 240 day rule. it applies only for people waiting for exiting h1b application result. 4. You are out of status since you h1b is revoked. it doesn't matter whether you i94 is valid or not. 5. It doesn't apply to you. It is only meant for uscis sending pre-date approvals.
  12. GCoder

    H1B Extension denied, I-94 expired

    you are out of status. You can reapply any number of times with any number of combinations of employer/client provided you have actual work. However you must exit USA ASAP without accuring too many days without status.
  13. If you haven't exceeded 150 days, it shouldn't be a problem. however, you need to ensure that you have proper documentation for unpaid OPT to be considered. talk to your attorney for more information. your vacation time in company C will not be considered as employment period
  14. new h1b is valid after oct 1st. you can go for stamping during last week of september. i believe you can use your existing l1b even after h1b is stamped.
  15. Unfortunately A fresh H1B is only for future work. If you do not work for the employer/client mentioned in the approved petition, that h1b would automatically becomes invalid. h1b transfer without maintaining h1b status would not be possible. you can work on opt till it expires.
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