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Dana Roxana Bucin

Dana Bucin’s Answers

1,128 total


  • My question: 1. Can company A apply L2-L1A change of status petition ? I have completed 15 months as Manager in US.

    I am currently working in L2 - EAD for company A and my L2 visa is getting expired by May 2016. I have previously worked for the same company A as senior Manager in India for 18 months. I quit the job from Company A and came to US on L2 on June 2...

    Dana’s Answer

    May still be possible if you use the legal standard "before admission" (as opposed to "before petition filing") for the 1 year employment abroad. I could think of another argument to make this happen. This is a very fine point of law and you should consult an attorney in private to look through your timeline and recommend best course of action.

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  • Minimum safe period for filing divorce after getting a green card

    I am married to a green card holder...it's almost two years we are married and I received my green card too this month... We are in the process of discussing divorce these days...I want to understand if We can immediately file for divorce or what ...

    Dana’s Answer

    My best advice to you is to meet in private with an immigration attorney as you will surely need one at the I-751 point anyway. The attorney should review your private situation and give you more tailored advice than what anyone can say on a public forum like this one. Safe to say that you should not be looking for a "safe period" as much as for what proof you have that marriage was real to begin with. See a lawyer to get a feeling for how strong your case is at this point and what else you could be doing to get even stronger proof BEFORE it's too late (before you divorce and evidence becomes more difficult to secure).

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  • Is there any alternate solution to do the H4 EAD renewal without losing the job if my employer not supporting H4 EAD renewal?

    My Wife is on H4 EAD (approved based on I-140) and got new job last week. Currently H1B, H4 and H4 - EAD is expiring May 27th 2016. As per USCIS rule if we file all these application together then we can work on the H4 EAD until we get the respons...

    Dana’s Answer

    OK, this is the time to be practical. Talk to employer as to why they are not supporting the H-4 EAD to be filed at the same time: if it's a question of money (it often is), offer to pay for the costs associated with H-4 EAD (including attorneys fees) and premium processing as well. Explain why filing concurrently is important to you and spouse. My guess, this is about who pays the costs and once you offer to pick them up it should be easier to convince employer.

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  • How will that affect the interview?

    My husband has an interview in two weeks. Just found out his father's name on our marriage certificate is totally different from the name on the documents submitted. (Submitted question before but wrong email address. This will send answer to corr...

    Dana’s Answer

    If the Hartford USCIS folks ask, you should have a good explanation for why that name was different: innocent error? by you or town clerk? name error because father is known under his nick name and under his legal name? You already submitted this certificate so the question may pop up. As a sign of good faith, you may want to attempt amending the certificate before interview.

    You could also take an attorney with you to the interview as additional step to make sure things run smoothly.

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  • Will my wife's H4 extension be voided if she travels to India even if she will return before original visa expiry?

    Hi, I'm on H1B and my wife is in H4. Both of our VISA are expiring May 14 2016. My employer is submitting our extension request now. Both of us visiting India for a month (Feb 17 2016 to March 14 2016). Even though both of us will have 2 months...

    Dana’s Answer

    Talk to employer's lawyer of they are doing the H-4 filings and fast.

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  • Please advice

    I am married to a green card holder in Connecticut state for last 1 year and 7 months.....Currently I am going through domestic violence....my husband hits me whenever he gets angry and I get lot of bruises and pain at that time...if I go for divo...

    Dana’s Answer

    These are hard times for you - sorry to hear about the abuse. NGOs have good folks working for victims of domestic violence so that's certainly an option for you but because of the cuts in funding for the low income legal services, they may be too overwhelmed or understaffed to deal with your situation in a timely manner. If you have the financial resources, I highly suggest involving a good private immigration attorney who could file your case and document it very well. This is complicated enough that you need professional help. Choose wisely. Best wishes for a stop to the abuse.

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  • How to qualify for an EB2 Green Card case with less than 5 years experience outside the US?

    Education: 3-year Bachelors (BBA) from India; 1-year Certification course from IIM-C (India); Full-time MBA from USA (Upstate New York) Experience: Just under 4.5 years in India post bachelors and just under 3 years in USA (H1B status, post-MBA) ...

    Dana’s Answer

    Your education plus experience is only 50% of the equation for a successful EB-2 green card. The other 50% is your employer's ability and WILLINGNESS to offer an EB-2 level position. So if employer says no EB-2 for you after getting legal advice, they are RIGHT irrespective of your wonderful qualifications because they control whether the POSITION is EB-2 vs. EB-3 caliber. The only thing for you to do - if you believe you have EB-2-level credentials - is to seek out employers who can and are willing to offer an EB-2 position.

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  • Please advice

    Respect Sir/Madam, I am currently in H1B-visa and in my 6th year of H1B. The 6 year H1B duration ends on 11 April 2016 (as per I-94). I am also a beneficiary of an approved I-140 petition from my current employer. My employer has applied for an...

    Dana’s Answer

    Anytime you fear your H-1B with current employer could come to an end, the best thing to do is meet with a highly reputable attorney who has experience in Business Immigration. Besides an H-1B transfer, there may be a few other options available to you (highly dependent on your personal background and circumstances and as such a public forum is not appropriate for such a discussion). This is where it pays to know when to involve a professional.

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  • My question is, can I renew my visa in a America consulate in Canada?

    Hi, I'm Brazilian, I'm in America as Au pair, j1 visa. I'm gonna extended the program but my visa stamp going experie, so i need to renew the stamp in my passport, because I need go out from USA and come back.

    Dana’s Answer

    Renewing in Canada as a non-Canadian is usually complicated and they are not exactly in the business of adjusting to your own schedule (they have certain times around the year when they process non-Canadians) and you may find you have greater flexibility to return to Brazil for the stamp instead. But, call the US consulate in Canada just in case to check on how problematic it is (or not) to go through them.

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  • I am currently in USA on B1, B2 visa and married to us citizen and have 1 son also us citizen , how can I change my status

    I am currently in states on B1,B2 visa and married to us citizen with one son and new baby expected by end of april2016, both my wife and son US citizen , now I wanted to change my status. How can I do that.

    Dana’s Answer

    The most practical advice I can give you is this: since you are likely eligible for a green card via adjustment of status, get a competent lawyer to prepare the many forms involved and perhaps accompany you and your spouse to the green card interview. This process is very complicated even for the straightforward cases and small mistakes can cause delays or unnecessary denials. Look for a reputable attorney around you or around Hartford CT where you are going to be interviewed. You may use avvo to search.

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