Changing Employer before 6 Months (After GC Stamping)

JoeF said:
Yes, breaking the law, by hiding a material fact...
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JoeF, why do you think that if its not your way, its WRONG WAY. There are attorney's and courts to decide that . Do you want to claim that you are ultimate in immigration LAW. JoeF, do you want to say that whatever you say is legal and rest are illegal??? In that case, nobody needs lawyer here, just asks JoeF, if JoeF Ok's it , you are fine , otherwise NOT... JoeF, are you a lawyer?, declare your credientials before making any such wild statements. If you are not a lawyer, whats your agenda to make such vicious claims, to SCREW UP members... Isn't it??? :D :D

JoeF, you have given several chance, come clean to this forum , no more misleading and propoganda and SCREW UP members anymore. OK friend

GET LOST for now :D :D bang bang
 
JoeF said:
By having immigrant intent on B2. Not allowed. INA 101.
Did they tell the officer at the border that they intend to join their GC husbands and file I-130s? If not, they were committing fraud by hiding a material fact. INA 212.
Are they in valid status now? Since it takes several years before they can file an I-485, and the allowed stay on B2 runs out after 6 months, are they now illegal?
So, we already have at least three counts of violating the immigration laws. Times 2, for 2 people...
That makes them deportable.

Again, your disregard for the law is astonishing.
The hole you have dug yourself is really big now...
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So you think consulate people in India and CIS at POE are all breaking the law ??? How pathetic ?

Guys this is what JoeF is - there are some people who are perfectly in valid state, visa provided by Indian consulate and admitted by CIS at airports (both wives shown as married with a passport on new married names), they are legal here and JoeF thinks that they need to be deported......

All legal entities think they are legal and JoeF thinks that they are illegal and deportable...This is what JoeF is .....Now you know not to trust him !!
 
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JoeF said:
No, your friends' spouses broke the law by hiding the fact that they intended to immigrate. And assuming their allowed stay on B2 ran out, they are illegal, and continue to break the law.
Ask any lawyer...

You and qwerty are advocating breaking the law. How shameful.
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Again you have a problem with assumptions. What makes you think that they hid they had intension to immigrate ? In fact if you remember I mentioned that consulate people only asked them what to do next to get GC. Forgot about it ????
 
JoeF said:
Yes, and what does that have to do with the fact that they broke the law? Even if there is no conviction, they broke the law.
In fact, if they are illegal, they can't even file an I-485 (unless the GC spouse becomes a US citizen.)
Or are you advocating to lie on the I-485 application???
You are apparently as bad as your buddy funnywait about your disregard for the law.
But we have already seen that in these threads here...
You and your buddy funnywait advocate breaking the law. How shameful.
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JoeF, Are you loosing your mind (whatever you have) or what?? Nobody is breaking law here, we are in GOOD world here(with GOD's grace), but I am very sure whoever in touch with you or taking your advice, are in worst disguise of their lifetime(with GOD's punishment). :D :D

May GOD help JoeF to get over his disguisted life.
 
JoeF said:
And assuming their allowed stay on B2 ran out, they are illegal, and continue to break the law.
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Again an assumption - give up man. They are perfectly legal and in status. Don't worry.
 
Hard luck JoeF - per your suggestion if his wife were to come on H1 or L1 should she declare that she intends to immigrate ?
 
JoeF said:
Yes. That's not a problem for H1 and L1, because they explicitly allow immigration intent.
That really is Immigration 101. You need to learn a lot, do you? How did you get a Gc, anyway, without knowing stuff like this???
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Its GOD's grace that, he made wacho's like JoeF but didn't put them in medical profession. Else this wacho JoeF will definately kill all his patients by advicing not to breath as their are bacteria's in the air. :D :D

Thanx GOD for saving so many lives.
 
JoeF said:
How did you get a Gc, anyway, without knowing stuff like this???
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I hired an attorney (in fact my employer hired them) and they used to deal with all my immigration issues. I am not an immigration expert but I consult with immigration attorneys whenever required. Immigration is not my area and I don't intend it to be. What I share on this board is my experience or what I have heard. My intension is not to give advice but to share experience (with an advice to consult an attorney) and that's the intent of everybody using this site - with one exception - YOU ! You think it's your responsibility to provide legal advice. Silly.

With that earlier example, my intension was to tell that person that there are several options available and that was achieved.
 
For your information - you are expected to specify your intent of immigration when you go for visa stampping for H1/L1. What you expect them to write there ?

Probably you were not aware of this question on the visa form.
 
JoeF said:
I am very well aware of that question, and as I said, if you have that intent, you have to answer that question with yes. Everything else would be lying, and that makes you deportable under INA 212.
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Doesn't the question merely ask if an immigrant visa petition has been filed on your behalf? That's different than immigrant intent.
 
JoeF said:
If you have that intent, yes. And it is not a problem, since the law explicitly allows immigration intent for H1 and L1.
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basic flaw in your knowledge - H1/L1 allows immigration intent ONLY AFTER when you are IN THE USA ON THESE VISAS - not at the time of applying for visa - stupid this is common sense.

When you are applying for H1/L1 visa you can NOT have immigration visa intent - otherwise you should be applying for immigration visa - refer to any rule you asshole. At the time of applying for H1/L1 the only intent you can have is to work temporarily.
 
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TheRealCanadian said:
Doesn't the question merely ask if an immigrant visa petition has been filed on your behalf? That's different than immigrant intent.
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Correct and followed by this question there is one more question that asks you to tell them if you have any relative in the US and what's their status (GC, Citizen etc.). Also the state dept site states that as US is a free country and they don't track every visitor here and because of that they need to check the intent for all nonimmigration visas that they have enough bidings in their home countries to return back.

So at the time of visa application for H1/L1 you can not have intent to immigrate.

With related to H1/L1 and if an interview taken, will a candidate say yes I have a husband in the US who is GC holder and I have all the intent to immigrate ?
 
FunnyWait said:
basic flaw in your knowledge - H1/L1 allows immigration intent ONLY AFTER when you are IN THE USA ON THESE VISAS - not at the time of applying for visa - stupid this is common sense.

When you are applying for a non-immigrant visa you can NOT have immigration visa intent - otherwise you should be applying for immigration visa - refer to any rule you asshole.
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First of all, the relevance of visa comes at the time of visa application, getting visa and re-entering USA using it. After landing into USA, the visa has no relevance (only I-94 has). So the question of itent definitely comes while applying for visa - and for H1/L1 it's OK to have immigration intent. If it was not the case, I guess you are aware that there many I-485 applicants who got married in AOS stage and got their wives in USA using H4. If H4 was not an dual intent visa it would have been hard times for wives to get H4 visa. And that is the very reason a F1 cannot get married and bring his/her spouse in AOS stage.
 
pralay said:
First of all, the relevance of visa comes at the time of visa application, getting visa and re-entering USA using it. After landing into USA, the visa has no relevance (only I-94 has). So the question of itent definitely comes while applying for visa - and for H1/L1 it's OK to have immigration intent. If it was not the case, I guess you are aware that there many I-485 applicants who got married in AOS stage and got their wives in USA using H4. If H4 was not an dual intent visa it would have been hard times for wives to get H4 visa. And that is the very reason a F1 cannot get married and bring his/her spouse in AOS stage.
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Wrong - when your husband is GC holder and you are applying for H1/L1 merely to join him and immigrate then you have to specify the intent to immigrate and apply for only immigration visa.

When you are going for work and having an immigration intent is a different story.
 
JoeF said:
Yes, that's correct.
However, they ask a lot of questions during the interview. And that's where things like the husband being a PR usually comes out.
The relevant law sections in INA 101 say something like "...has a residence abroad that he has no intention of abandoning..."
That's why I said in the thread in question that it is nearly impossible to get a B2 if the spouse is a PR, since it is natural to assume that the person wants to join the spouse, which implies abandoning the residence abroad.
Furthermore, the officers at the POE don't care about how the person managed to get a B2 visa. The requirements for the B2, including "a residence abroad" have to be valid when applying for entry at the POE.
If the applicant does not disclose the immigration intent, the applicant commits fraud and is deportable under INA 212. Plain and simple.
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JoeF- cut the crap and tell me, per your suggestion, how GC holder's spouse can get H1/L1 by disclosing the intent to immigrate ?
 
JoeF said:
Huh? How can you apply for an H1 or L1 visa without a job offer? If you do not intend to take up the job offer, again, you would be lying, and committing fraud.
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You are out of your mind. Just answer my question "how GC holder's spouse can get H1/L1 by disclosing the intent to immigrate" ?
 
<QUOTE>Completely wrong. Why don't you educate yourself before posting such utter crap???</QUOTE>


Reference ????
 
FunnyWait said:
Wrong - when your husband is GC holder and you are applying for H1/L1 merely to join him and immigrate then you have to specify the intent to immigrate and apply for only immigration visa.

When you are going for work and having an immigration intent is a different story.
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First of all, when someone is coming on H1/L1 it definitely means he or she is going to work in USA - so "merely joining with spouse" does not apply here. And as H1/L1 is dual intent visa, the spouse's "immigration intent" does not conflict at all.
 
pralay said:
First of all, when someone is coming on H1/L1 it definitely means he or she is going to work in USA - so "merely joining with spouse" does not apply here. And as H1/L1 is dual intent visa, the spouse's "immigration intent" does not conflict at all.
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If spouse is going to work and get her GC through her employer then it may be correct but if she is going to get GC thru husband then wrong.
 
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