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Bradley Mark Maged

Bradley Maged’s Answers

41 total


  • Advice on Change of status from L1B to H4. L1B expires in Dec 2011 and I94 valid till Dec 2012.

    Hi.. My spouse Visa expires in Dec 2011 and I94 in Dec 2012. If he wants to resign and go for a change of status , does he need to do that before his L1B expires or can he do it even after his L1B expires ? Also, if he applies for COS before Dec 2...

    Bradley’s Answer

    • Selected as best answer

    Your husband will need to apply to change his status from L1B to H4 either before his L1B status expires (as indicated on the I-94 record) or he resigns from his position, whichever occurs first. If your husband applies for a COS before December 2012 (the expiration of his I-94), he can remain in the US while his application to change status is pending as long as he was working for the sponsoring employer at the time he applied for COS. While in the US, his I-94 controls how long he is authorized to remain. Only when returning from international travel will he need to have a valid, unexpired US visa.

    Your husband can apply to change his status directly, your H-1B employer does not have to do anything. He will need to file Form I-539 along with a $290 filing fee and supporting documentation with the appropriate USCIS Service Center. It is fairly straightforward but he may want to retain an immigration lawyer to file the application just to be safe. Good luck!

    Please note that nothing contained in this answer should be deemed legal advice. Please consult a qualified immigration lawyer for assistance with your particular matter.

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  • Does my EAD expires if I go for a vacation to INDIA

    I hold EAD for L2 - Dependent visa. My EAD Expires on 2011-Nov. Can I travel now to India for a vacation. Do my EAD expires, if I go for a vacation. Do I need re-apply for new EAD, when I come back from my vacation.

    Bradley’s Answer

    No, traveling to India will not invalidate your Employment Authorization Document. It will expire in November 2011, the date indicated on the card.

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  • Form !485 asks me about H1b visa stamp number & ConsulateHave now H1 b extension not stampedDo I put old # or wac #for extesion

    what number to put Old visa number or wac # for extension

    Bradley’s Answer

    Part 3 of Form I-485 asks for your US Visa Number. Use your most recent Visa and enter that number. The question is not asking for your WAC receipt number. Good luck!

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  • B1/B2 Visa holder married to a GC holder..Help Needed...

    Hi! I have a 10 years multiple B1/B2 Visa in starting feb 2007 . This is my 5th trip to USA. Last year when i was here, i got married to a green card holder in April 2008, i went back to india in last week of may 2008 and now i am back again...

    Bradley’s Answer

    Hi. You need to be aware of the issue of immigrant vs. non-immigrant intent. When you entered the US last time, was it your intention to remain here permanently? It does not seem that you had immigrant intent when you entered as your pattern has been to frequently travel back and forth. However, the fact that you were married to a US Permanent Resident could lead the USCIS to question your intent at the time of entry.

    If you stay in the US until your wife becomes a US Citizen and you are both still married - absent extenuating circumstances - your overstay and any unauthorized employment will be forgiven when she files on your behalf. It is highly unlikely that ICE will "hunt for you" even if you overstay. However, by overstaying you are violating the law and are removable.

    Please be aware that if you overstay more than 180 days but less than one year and leave the US, you will be barred from reentering for 3 years. If you overstay for more than a year and leave the US, you will be barred from reentering for ten years.

    You have not yet overstayed and you may want to contact an immigration lawyer to discuss your options in greater detail. Good luck!

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  • If you are fired from a job how long do they have to give you your paycheck

    if you are fired from a job how long do they have to give you your paycheck

    Bradley’s Answer

    I agree with the previous posts that Massachusetts law requires that you be given your final paycheck on the date you are discharged. However, if you are paid in full a couple of days later, from a practical point of view your damages will be very limited.

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  • Perm Audit + H1B Visa Expiring

    Hi! My H1B visa is expiring Oct 19, 2009 (including recapture time). Perm Application filed Nov 26, 2008. Audit request received Jul 9th 2009 (Business Neccesity). What Options do I have, given slow turnaround of PERM cases? Would I qualify 1 year...

    Bradley’s Answer

    Hi, you should consult an immigration lawyer ASAP as this is a tricky situation. If you were to leave the US for one month and ten or so days and return mid-September on your existing H-1B so that you will have additional recapture time you may be able to extend your H-1B twice.

    Once for the additional amount of time you were absent - from October 19, 2009 through November 26, 2009 and then for a year based on your PERM application having been pending for more than 365 days.

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  • I filed for I 485 almost three years ago but still hav't received anything from USCIS

    I filed for I 485 through marriage back in Nov 2006 and was interviewed in April of 2007. We were interviewed seperately by the officer After the interview officer informed us that she has everything she needs from us and we will receive decison ...

    Bradley’s Answer

    This is unusual and it seems that you have taken the appropriate steps to inquire about your case by scheduling an infopass appointment, contacting the USCIS Ombudsman and your Congressional Representative. You have the option of filing a Mandamus lawsuit in Federal District Court to try to have the government to adjudicate your case.

    I would exercise caution before going this route as the facts that you were interviewed separately, the long delay and the change of "the file officer" could indicate an issue with your case. Although a Mandamus lawsuit usually gets the government to act on an application, it does not guarantee approval and may simply expedite a denial. Moreover, the costs associated with filing a federal lawsuit can be substantial. If your case is denied and you are put into Removal Proceedings, you should hire a deportation lawyer to argue your case before an Immigration Judge.

    Good luck!

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  • AOS if I have overstayed my visa

    Hi! I got married to a greencard holder in 2008. then i went back to my country. After many months i came again. I always lawfully entered the USA year with inspection at port of entry but i overstayed this time She still have around 2 year...

    Bradley’s Answer

    Hi:

    What is tricky about your situation is that the USCIS will consider your intent when you entered the US after being married to a Permanent Resident. Did you enter as a B1/B2 visitor? If so, your intent at the time of entry had to be to only remain in the US temporarily. Your post does not address how long you overstayed. If you overstay more than 180 days and leave the US you are barred from returning for three years, if you overstay more than a year, there is a ten year bar to reentry. You should consult with an immigration lawyer before making international travel plans or at the time you apply to adjust status through your wife if you remain in the US.

    It is unlikely that ICE will be looking for you even though you are out of status and therefore removable. If you remain in the US, you are still married to your spouse and it is a legitimate marriage (not for the purpose of evading US immigration laws), under current law, you would be eligible to apply to adjust your status after she becomes a US Citizen. Any unauthorized employment and period of overstay would be forgiven. Again, I would recommend retaining a lawyer when the time comes to apply.

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  • Can I change my status from H1B to F1 visa?

    Currently I 'm on H1 B status. My company is prepraring for a lay off. In case if I am laid off from my job, I will go out of status and visa on my passport was expired. My Husband is Green card holder, he is going to get his Citizenship in 10 mon...

    Bradley’s Answer

    Hi:

    If you intend to attend school after losing your job - you can apply to change your status to F-1. The International Student Advisor at the school should be able to assist you with the process. Form I-539 is the application you would use to request a change of status to F-1.

    It is best to maintain valid status at all times while in the US. However, in your situation, even if your status expires and/or you worked without authorization, these violations would likely be cured by your bona-fide marriage to a US Citizen.

    Absent extenuating circumstances, you should be in pretty good shape. Best of luck!

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  • F1/OPT but H1b Pending, change status back to F1

    I am currently in F1/OPT, and my company applied H1b for me and get approval already. But now I want to go back to school to continue PhD study. and I already got I-20 from school and they initiate new SEVIS for me and will activate whenever I wen...

    Bradley’s Answer

    Hi,

    Assuming that your H-1B start date was October 1, 2009, you should file an I-539 Application to request that your status be changed from H-1B to F-1 effective October 1, 2009. In the cover letter with your I-539 Application, you should explain the details of your situation.

    In addition, your H-1B employer should write a letter to the USCIS Service Center where your case was filed stating that it wishes to withdraw the H-1B petition and should withdraw the Labor Condition Application that was filed with the DOL as well. The USCIS will then send your employer a letter automatically revoking the H-1B petition in accordance with 8 CFR 214.2(h)(11)(ii).

    Good luck!

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