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My wife is on H-1 now and she is going to study so her university will file an application for F-1 for her. My question is what happens if she quits (i.e. her workplace notifies USCIS that she is not working anymore hence her H-1 is invalidated for this employer), while F-1 application has...

Hi, My wife is on H-1 now and she is going to study so her university will file an application for F-1 for her. My question is what happens if she quits (i.e. her workplace notifies USCIS that she is not working anymore hence her H-1 is invalidated for this employer), while F-1...

Hi, I am changing employers and my new employer is filing an H1-B transfer notice with USCIS for the end of April. I do not want to give a notice to my current employer until the transfer is approved (which can take 15 days). Therefore, it is expected that i will still have to work for my...

Dear Great Guru, Thanks a lot for the response! When do you think it would be safe to submit a transfer from company A to company B? Should i wait a couple of months or just have enough pay stubs from Company A to start it? Thanks!

Here is my situation: I accepted a job from company A and they filed an H1-B transfer for me with a transfer day of May 1st. I have just received another offer from company B which is way better for my career and i really want to take it! My problem is whether company B can file a new H1...

Hi, I have an H1-B that is valid for another 5.5 years. My question is what happens if i get laid off -- at this moment my H1-B is no longer valid. If i transform to other legal H-4 status (my wife has a separate H1-B), or other status such as J-2 of student's dependent, and later on find a...

Hi, My H1-B petition was approved a while ago while on my LCA application that states my prevailing wage it says that i have Occupational Code 189 from the OES Online Survey wage source. Recently my prevailing wage determination request come back from CA SWA and the classified in a much...

Does DOL calls/asks you why you resubmit the application with different job description? If i change it completely it probably won't look like a typo... Have you ever experienced any problems (audits, DOL/USCIS unusual scrutiny etc.) when you resubmitted the prevailing wage requests after...

Dear st4rguitar, Thanks for your reply. Do you think it is OK to submit new prevailing wage request with updated job desc right await or i should wait? My lawyer recommend to wait 6-12 months before submitting new request. He is afraid that DOL can become suspicious that we change the job...

My employer filed prevailing wage determination request. Recently the lawyers contacted me that i was misclassified to the class and level which is higher that my salary and job duties. My company cannot pay me the salary stated in the classification i was given. The lawyers advised to wait...

Hi, I am an H1- holder wanting to change jobs and i give a notice of 2 weeks to my current emloyer. The H1 transfer with my new employer is scheduled to start in 2 weeks. However, it might happen that my current employer will ask me to leave earlier. Meaning there might be a a week or even 2...

Hi, I graduated from MBA program in May and my 2 year F-1 Visa is expired. I am on OPT now and my employer filed and received USCIS approval for H1-B that starts on October 2006. I travel to my home coutnry and scheduled a visa interview at US Consulate to get new F-1 visa. Will i be...

Hi, I entered the US in 2004 on the F-1 Visa for my MBA studies. Currently I work on OPT, while my F-1 Visa expired in May 2006. Recently I have received USCIS approval for the change of status to H1-B effective October 2006. I will visit my home country in August 2006 and intend to...

Employer of my wife (she is a software engineer) starts to apply for a PERM process for her. Currently she has a bachelor degree and a bit more thn 4 years of paid professional experience before joining this job. This makes her part of the Third Employment-Based Preference Category for I-140...

Employer of my wife (she is a software engineer) starts to apply for a PERM process for her. Currently she has a bachelor degree and a bit more thn 4 years of paid professional experience before joining this job. This makes her part of the Third Employment-Based Preference Category for I-140...

Is it possible to change employers during the period when the H1-B petition is approved but the H1-B is not valid yet (will be in force in October)? Does the new employer need to file a new H1-B petition (and it is subject to the cap) or i can file the transfer of the H1-B visa approved by a...