How did you get back on F2? Did you apply for a H1 to F2? If so, you need to mention H1. It is always good to mention the H1 period, if any - especially for the 2 visas F2 and H4.
You should have applied for L2 to H4 along with your H1 application. You dont need paystubs to apply for H4. Do it now, before you make her illegal stay longer than 3 months.
you should have my PM response. Unless you have been with the new company less than 60 days (or your paystub with old company is within 60 days) you cannot just like that go back to old comapny, need another transfer.
You have landed your spouse in a mess. You have to withdraw the petitions that you are not interested in pursuing...
Here is what I suggest based on what approval comes first.
1. F1 is approved. Spouse want to attend school. Withdraw H1, H4
2. H1 is approved and spouse want to work...
Check the I129 application. If the lawyer did not make the mistake,it will be prudent to correct the mistake now rather at a later stager.
If the lawyer made a mistake, document it.
NO current H1 will not become invalid. But if you dont make a decision about changing employers within 60 days of approval of the H1 transfer, your transfer h1 approval will become invalid.
1. Does the company have a track record ?
2. You have to do it immediately- within 30 days from RFE
is a recommendation some lawyers give
3. Although You will be out of status, you can still apply thru another company
If he did not get 50K he did not maintain status. All US consulates are getting wiser about bench time.It is going to be tough,unless employer does attempts some drastic steps (like correcting pay, giving a letter why pay was less than LC)
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