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Assuming most employers would apply for a COS along with H1. If one does not apply for COS and just the H1 with Consular Processing, I guess as STEM grad might be able to use the whole 29 months, if one has the 17 month extension approved and if one wants. Later, this person may go on to...

Look like it has cleared the OMB 04/04/2008: OMB Approved OPT 17-Month Extension Rule!! Dramatically, the OMB approved yesterday in "three days" USICE regulation to extend OPT for 17 months for certain qualified OPT F-1 aliens. Please stay tuned to this website. The extension does not take...

On H1, the employer must pay the H1 employee all the time, even on bench. Not getting paid puts the employee out of status and may result in probelms in H1 transfer, Change of Status, and GC process etc. Demand your pay by complaining to DOL using WH4 form. The breach of contract is a whole...

I guess you did not work for company B. Yes you can work for B if you want to as long as the H1 with B is valid. You are allowed to work for A as well for upto 240 days after your H1 I-94 expires and you filed an extension on time.

You need to meet the job requirements before PERM is applied for you. Your experience from the same employer filing the PERM does not count.

If your frnd applies for a transfer and start working for the new employer once the petition has reached USCIS (Fedex Delivery confirmation), he is safe assuming he maintained his H1 status all along and he has pay stubs to prove this. He does not need to worry about the cnacellation.

On H1, the employer must pay the employee all the time. Project or not, your friend is still an employee of the employer. If the employer cancels the H1 before it actually expires, your friend, I think, is eligible for a return trasportation by the employer. Your friend could also look for...

I read another letter on a different law firm's website. This one mentioned a total OPT time of 17 months and not 29 months. Based on what I read, 17 months of total OPT time makes sense to avoid cap-gap issues for May grads. We shall see whether it's 17 months or 29 months. " "Extending...

EB-3 India is going to take years and years. My guess, as I already said, at least 8-10 years unless your spouse's country of birth is not India. So plan your/family members' career/other things accordingly. On H1, you can only be a passive investor and cannot work for your company in any...

What are the issues that someome may face? I guess the Last Action Rule comes into play here. I mean if someone gets an H4 stamp and enters using the stamp and spouse's H1 I-797 , he/she will get an I-94 at the POE with the same date as the I-797 (the husband and wife will have the same...

What category will you fall in? What's your position? If EB-3 (for those with a BS + less than 5 yrs exp), join my club and wait for around 8-10 years (my wild guess).

Your old visa stamp is valid till it expires (Sept 2009). This same stamp can be used with any employer who you have the I-797 for. So you can enter till the visa is valid. Now, you can work in the U.S. till Aug 2010 and beyond assuming you will apply for extension. Your I-94 determines...

It's likely that the OPT time will be extended to 29 months from 12 months. The exact interim rule should be published in the Federal Register after the OMB approval. Source is a law firm's website. I hope this is not an April 1st joke. The source mentions that it is not.

I think it's risky to apply before you "actually" graduate. If you are a Spring 2008 grad, you are not considered a graduate on April 1st, the day your H1 petition is filed. I think the risk is higher than ever with this Letter of Course Completion cases.

You can travel pending OPT. Look at quesions 2.N and 2.O here: http://www.ice.gov/sevis/travel/faq_f2.htm#_Toc81222043 As far as the douments, I-20 and valid visa. I would think that the requirements are the same as there are for student visa travels. Also, carry the receipt for OPT...

I think one may enter the U.S. at any port. Shoudn't be a problem. Always be truthful, though. The only thing is that make sure she does not enter before 30 days of the program start date to be safe.

Travel while H1 is pending does not result in an outright rejection of the petition. You can travel. However, if you travel in this situation, your Change of Status (COS), if requested with the H1 petition, will be deemed abandoned by USCIS. Your H1 decision does not get affected. Now...

My opinion... One can have multiple visa stamps at the same time. Applying for an F1 should not result in cancellation of the L1 visa. However, it is your responsibility to make sure that the VO, at the time of F1 interview, does not cancel the L1. I think they may try to cancel the L1...

Just a clarification from my end... One can have multiple visas at the same time. If the OP wants to use the B1 later, he/she may request the VO not to cancel the valid B1 at the time of H1 interview. It's the applicants resposibility to make sure that a valid visa remaines valid (not...

An H1 is an employer's petition. The employer is not required by law to provide you with the I-129 copy. Nonetheless, decent employers provide a copy of I-129 and LCA to the beneficary. You may or may not be asked for these at the time of stamping. It's nice to have a copy but I don't think...