User099

Your statement about the employer has to pay the employee all the time is blatantly false. You tend to make these statements and when I proved it as a false statement you tend to fall back on you plan to make other unrelated statement and end them with a Period and end of story lines. But you never go back to correcting yourself. I know it might be hard for your understand few things when there are new facts which are put forth which you are not aware of. Let me explain this to you: Say an Employee A who is on H1B works for Company X and he gets 21 days of vacation. Due to some reason he used his 21 days during the first half of the year. Later down the line if he had an issue where he did not show up at work for a week or 10 days (inclement weather, family issues or say he is sick). Now will the company X has to still pay him? No, Company X will not pay him for these scenarios just because he is on H1. This proves that your statement that "A person on H1 has to get paid ALL THE TIME" is false. Now coming back to the OP's case, his employer might have informed the attorney and attorney will take a few days to file for a withdrawal. In a real world scenario, things don't work at lighting speed when it comes to immigration issues and dealing with attorneys. (No offence to attorney's they have a ton on work to do 🙂 ). Will the company keep paying him till the withdrawal is filed? No, they will not because they might have terminated him in their system and the attorney might take a week or two to file a withdrawal. Lets say they did file a withdrawal and USCIS never acknowledges it, will you now say that Company has to pay till the USCIS sends a acknowledgment. These kind of things will not stand in a court of law as there are lot of things that are beyond the control of the employer which might go wrong and its not correct to blame the employer for those. Intention of the employer is not to commit fraud, but there should be given some reasonable time to each party to fulfill their legal obligation. If the OP wants to go back to the employer after a week and the withdrawal is not filed. They can technically do that. Will it be a new petition or not something the Company's legal team and their attorney's will decide. You can't just put out statements like the employer is fraud and not following the law without considering all the FACTS.

Your employer if right, you need to wait for the approval notice to arrive.

Yes, but not from California but Nebraska. Its Legal and expensive. It might still take up to 14-60 days for it be approved in some cases and that too after the litigation is filed.

Wait for the 180 days to be complete so that Company C can use it to apply for H1 Transfer. Company C can apply for transfer while Company B's petition is pending, but it will be tied to Company B's approval. If Company B's petition is denied then Company C's petition will be denied too. If you think Company B's petition might get denied, have Company C file under Consular processing.

Yes, you can get visa stamped and come back. EAD will still be processed even if you leave the country and come back. Make sure you are here by the time it comes up for adjudication.

Yes, still being processed.

You are fine.

221G is not a refusal, so your answer will be NO to the below question. Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the point of entry?

W2's, Resume, Bank Statement...

Firstly, your last working day is Nov 22 and not First week of Nov. It will just cause confusion in calculating the 60 days. You will have till Jan 21 to find a new job with out leaving the country, which you have already done. Now just wait for the case to be approved and if it comes back with an I94, you don't need to leave the country. All the best!

From the same site: https://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#q!96 "An employer is not required to pay a nonimmigrant work for nonproductive status if it is based on a decision by the nonimmigrant worker to make him/herself unavailable to work (provided the worker's unavailability is due to conditions unrelated to employment which take the worker away from his/her duties at that worker's voluntary request or convenience or render the nonimmigrant unable to work in accordance with 20 CFR 655.731(c)(7)(ii), and the time is not subject to payment under the employer's benefit plan or other statutes)."

1. I don't see any issues having Canadian visa and then going for H4 stamping. Any specific reason why she doesn't want to use EAD? 2. No issues 3. She can apply from any consulate if she meets the requirements for the visa and has the documents to support her case. 2.

No, Biometrics is for H4.

You will need a valid L1B petition along with I94 for you to continue working.

Best thing will be to apply for premium along with RFE response, definitely not before.