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14

The impression you want to avoid at all cost is that you're starting to work illegally while on a tourist visa, with the intention to use a new H1-B visa to "launder" the operation later on. In many countries including the USA, a violation of immigration laws (like working on a tourist visa) can throw out any pending visa applications. Sometimes the ...


10

Short answer: Absolutely not legal. Entering the US as a visitor means that you are not permitted to take up employment of any kind. This includes being a contractor. And this also applies to Canadians. I find it appalling that an immigration lawyer even suggested such a thing. From Information for Canadians: All Canadians are reminded that U.S. law ...


10

When the cap is not reached within the first 5 business days, no lottery will be run. All applications will be accepted and processed (but not necessarily approved of course). Any applications received after that will be processed until the cap is reached. The day after the cap has been reached, applications will no longer be accepted. On the other hand, ...


10

To answer you question, being a former H1B myself. You are in valid h1b status because you are working. Your employer however has violated the H1B statutes and Labor statutes by not paying you. At some point after not getting paid, and particularly finding out your company is out of funds, USCIS can reasonably infer that you were no longer employed/out of ...


9

What's the procedure that needs to be followed since H-1 is sponsored by the employer? While being employed with the current employer, the candidate needs to approach his/her future employers and seek a job. Once the candidate is selected the future employer will file an LCA and a new H1B petition which is valid till the candidate's valid extension period ...


9

There are many paths to both a Green Card and Citizenship, including employment based, family based (e.g. marriage) and various special interests. Since you are in the US on an H1B, you are likely employed, and if you are lucky your employer will sponsor you for a Green Card. It is a long and fairly complicated process. You should contact your HR department;...


8

Unfortunately, the only derived status the spouse of an H-1B can automatically acquire is an H-4, which allows one to live in the US but generally not to work. The exception to the last bit is that, if the H-1B's employer begins the process of sponsoring the H-1B for permanent residence the H-4 spouse can apply for employment authorization, but as a ...


7

I actually wasn't able to find the information direcly from USCIS but University of Washington gives a clarification on the subject: Domestic partners are not eligible for H-4 status but may apply for B-2 visas. In addition there is an FAQ from the State department referred to by Law and Border FAQ that states Q: I am in a civil union or domestic ...


7

I'm assuming by "recognized" you mean accepted as a license suitable for exchange for a local license (in other words, to skip the learner license process and some tests). Whether a foreign license is recognized for exchange or not depends on the state, and on the foreign country involved. Each state has different reciprocal agreements (usually none at ...


7

I do not think there has been any official word on this. If there were, I would expect this page to be updated for Agenda Stage of Rulemaking. It still says Proposed Rule Stage. The progression of a proposal in the regulation pipeline follows this order: Pre-rule stage Proposed Rule Stage Comments on Proposed Rules Final Rule Stage Update: As of today,...


7

Short answer: You don't bother about DS-160 and the interview now. Here's the process: Before April 1st: LCA needs to be approved Create your H1b application, ensure all supporting docs are handy On April 1st: Make sure your application is delivered to USCIS on this day. Its not compulsory to do this. Unless USCIS receives more than 65000 applications ...


7

The SSN never changes once assigned, and your immigration status has no effect on it.


7

Yes, of course it will affect your application. With any luck, however, the effect will be minimal. The officer examining your application will want to know why you visited the country in question, and the reason for the visit may cause them to look in more detail into whether to approve the application. If your visit was legitimate, however, you shouldn'...


7

Try registering here (check the below url) and adding ur receipt number. That worked for me. https://myaccount.uscis.dhs.gov/


7

Not really. The process is mostly the same. A Canadian citizen would still need an H-1B or L-1 petition filed by the employer and approved by USCIS, just like someone from any other country, including being subject to the H-1B cap, etc. The only difference is that Canadian citizens do not need to get a US visa. They can simply travel to the US on their ...


6

Your records, to the extent they are linked at all, are linked through your SSN. When you get paid, your salary information is reported by your employer to the IRS and SSA. Your SSA records are linked to your USCIS records because SSA checks with USCIS before issuing your SSN. A spelling mistake in your pay records is unlikely to affect USCIS processing. ...


6

You will need to get a job in the US and have employer submit paperwork( Forms I-129 for USCIS and ETA-9035(LCA)) for you to be able to receive an H-1B and then you will need to apply for a visa. Normally an immigration lawyer is engaged (usually by the employer) that helps through the process. You can start with USCIS Understanding Requirements Guide and ...


6

An L1 visa is "dual intent" meaning you can plan, and apply, to stay permanently in the US while working on an L1 visa. Historically, it has been easy to extend for up to five years, but the current administration may make it harder. Your employer probably knows how this all works, so ask them. "after one year, I can ask to be moved to the US" is consistent ...


5

No, she can't. "Spouse" means married "second half". She may be able to get a cohabitating partner variation of B2 tourist visa (that will allow her staying up to a year at a time in the US when she comes with you).


5

This has now been officially announced as a rule proposal (i.e.: after being published in the Federal Register, the rules will go through the "draft" stage and become active). The final rules are expected to be published before the elections this November. You can read the announcement on the USCIS web site. Summary of the draft rules: H4 companions of ...


5

There is an announcement that they will propose a rule. It's not a rule or even officially proposed rule yet. http://www.whitehouse.gov/the-press-office/2014/04/07/fact-sheet-strengthening-entrepreneurship-home-and-abroad Attracting the World’s Best and Brightest: The Department of Homeland Security (DHS) will soon publish several proposed rules that ...


5

Allegedly having European driver's license recognized in US is a lengthy and complicated process. On the other hand getting new license at DMV is trivial. There's no difference between the two. Depends on the State, but in most States if you become a resident you have to get the local driver license. If you have a US/Canadian license - they just copy ...


5

Hundreds of thousands of Indian citizens are working in the US quite happily, traveling abroad, getting green cards, etc etc. Several comments about your assumptions: After spending 5 years on the L1B+H1B I can apply for a green card in EB2 (since I'll have more than 5 years experience by then). That is not exactly correct. Experience with the same ...


5

According to Department of State one of the required documents listed is passport with validity 6 months beyond your period of stay in the United States: Passport valid for travel to the United States - Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). If ...


5

Do I need to extend my J1 visa for these three months if I'm not going to travel to the US during that time? As long as you're not physically present in the US - you can do whatever you want. You don't need US government's permission to work for someone in your home country. However, you need to check the laws in your home country on that. You'll be ...


5

My H1B was filed by my university, and was approved in last October 2015. That's how. There was no quota in October 2015 available, i.e.: your H1b wasn't subject to quota. You cannot transfer non-quota H1b to a quota H1b. This is also part of the H1b paperwork (shows as cap-exempt or something like that in the documents).


5

RSU's are not reported as "base salary" because they're not base salary. RSUs are bonuses, and cannot be "base salary" by definition - since they're restricted. RSU's are generally awarded as a retention award, and vest during the period of the time the company is interested in your staying. Similarly, any other discretionary or conditional bonus cannot be ...


5

Your question is confusing because you seem to be using some terminology incorrectly. You said "I received an H1B visa." But it's not possible to receive a US visa inside the US (rare exceptions for diplomatic visas which are not relevant here), because you can only get US visas at US consulates abroad, as US visas are solely for entering the US, and you ...


5

You can apply for Adjustment of Status. Basically, after marrying, forms I-130 and I-485 can be filed together (your spouse fills out I-130 and you fill out I-485). Each form has many required documents and forms so read the instructions carefully. It doesn't make a difference if you file before or after your status expires. It is recommended to also file I-...


5

You remain in H1b status for 60 days after leaving the job, unless your I-94 expires sooner (in which case you will remain in status until the I-94 expires). Furthermore, as you have a pending I-485, you can stay in the US regardless of whether you have status or not (unless your I-485 is denied). If you find a company that will sponsor H1b for you, you can ...


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