1. Yes
3. Chances are good. Not many have applied till now-meaning the quota is not full yet. So ask B to apply now.
4.Not necessary. All you have to do is make sure you get the approval of company B before leaving for India. That way you can come back and join company B without any issues...
Using company A to C is the safest route. Do it now. (Of course consult a lawyer- this is not something I would leave to a dunce poster to opinionate about)
You can show the previous employer visa stamp and current employer I797 approval to enter US. Tell them the truth.
If the h1 transfer is denied, you can try for another H1 transfer. If you try to enter US and the previous employer has cancelled the H1- you will be denied entry into US.
Telecommuting is throwing challenges all over.There are few issues that determine which tax you have to pay-
1. Office address in paycheck
2. Home address in paycheck
3. residential address that you maintain with the post office.
If any of these addresses straddle in both states,you have...
Best recourse will be to do a H1 regular, go out of US after approval (thus abandoning the H4 to F2) and get the stamp from a US consulate outside US. Also remember, since it is H4 to f2 to H1, your spouse might be subject to H` quota which means that start date would be Oct, 2004.
Getting the new passport will not affect processing. You can send the new passport information, but I wont bother. Passport info is critical only when you send it for stamping.
If you dont have a US degree it might be difficult to get a H1 stamp in passport in canada. I presume that you have received I797 approval (without I94). You can book an appointment with nvars.com But if the visa is rejected you have to go to home country to get the visa stamping. I824 has been...
a. 60 days from approval date
b. Questions about which employer he is working for? yes.
c. none
d. Concurrent H1 will not save your friend. It might be better to switch to another company now .
1. Maybe it was an amendment - salary or additional locations . You can use Freedom of Information Act to find whether a LCA amendment was applied with dept of labor without your employer's knowledge. It will be helpful to find out whether there was an amended LCA or not...
2. yes you can...
AC21 portability does not apply here. You are doing a new H1 visa not transferring the old one. SO in my opinion you cannot start working immediately. Have to wait for approval.
Should have applied for OPT extension (if allowed). Right now the best thing to do is to leave US and get a new H1 stamp from a US consulate in september and enter US before Oct 1.
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