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David H Nachman

David Nachman’s Answers

29 total

  • Change of status (h1b to h4) while spouce's h1b is expiring within half an year?

    Hi there, currently I need to change my visa from h1b to h4. But my husband's h1b is expiring after 6 months. Will I get h4 application denied? Many thanks.

    David’s Answer

    I agree with my collegues.

    Please see us at http://www.visaserve.com.

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  • Am I still eligible for a F1 visa and admission into the U.S.?

    I was caught shoplifting 4 cheap ear studs at Kmart. The person there took my information and had me sign some paperwork stating that I agree to the allegation and that I were not allowed in any Kmart stores. I didn't give him my ID and I wasn't f...

    David’s Answer

    We need to review all of the paperwork to advise you properly. Crimes are serious issues when it comes to your immigration so you need to be careful. It is also important for you to note that you may have to disclose the event at some other point in the immigration process.

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  • Opt extension

    My opt will run out in March. My employer is willing to apply for an h1B visa for me. I know I cannot apply until April. I have also read about the special rule that covers me under opt extension between the expiration of my opt and October if ...

    David’s Answer

    You will be able to stay but not to work. However, there are may creative cap-gap solutions that our office has provided which are sensitive to the the type of employer, the type of work that you may be doing, etc. You can feel free to call us for a consultation.

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  • Can ending H-1B employment affect Diversity-based pending I-485?

    I am currently on H-1B and I filed an I-485 based on willing a diversity lottery. I already received EAD/AP card. If I leave my job (and lose my H-1B status) would it have any effect on the pending I-485? I understand there is a risk of not having...

    David’s Answer

    I concur with my colleagues that It would not affect your I-485. To switch from H-1B to Green Card will depend upon what you indicated about your status in the U.S. on the I-485 Form. You seem to indicate that you referenced to the government that you were in valid H-1B status. If this is the case then the government should automatically adjust your status to Green Card from H-1B. Until your Green card is approved you are considered to be an "applicant for Adjustment of Status" (a status authorized by the AG). This status allows you to work and to travel (so long as you did not accrues unlawful presence in excess of 180 days) since 1996.

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  • Can filing an expedite request slow down the processing of Form I-485?

    So far, the I-130 petition that my relative has filed on my behalf been approved. As such, in an attempt to adjust my status, I recently filed Form I-485. Two weeks ago, I received a receipt for my application. Since, I NEED TO GO TO EUROPE during...

    David’s Answer

    YOU WROTE: So far, the I-130 petition that my relative has filed on my behalf been approved. As such, in an attempt to adjust my status, I recently filed Form I-485. Two weeks ago, I received a receipt for my application. Since, I NEED TO GO TO EUROPE during the SUMMER of 2012 and didn't file Form I-131, I am worried that my case will not be processed in time.

    RESPONSE: Why do you need to go to Europe?

    YOU WROTE: 1) Are my circumstances valid enough to request an expedite request?

    RESPONSE: Probably not but each District Office has different criteria. However, it cannot hurt to try.

    YOU WROTE: 2) If so, would it be best to do it via a member of Congress's office?

    RESPONSE: Probably not but it cannot hurt to try.

    YOU WROTE: 3) If my request is denied, will that slow the processing of my case?

    RESPONSE: We have never found this to be the case.

    YOU WROTE: NOTE: Please briefly answer ALL OF THESE QUESTIONS. I'd rather receive very brief answers for ALL 3 questions than to receive a lengthy answer for just one of these questions.

    RESPONSE: Duly noted.

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  • Marriage of US citizen to Out of Status Foreigner?

    I am a US citizen and my boyfriend is a Foreigner who has been living in the US for 2 years on a student visa. He was recentley kicked out of his English school because he missed too many days when he was sick and they didnt have a dr.s. note No...

    David’s Answer

    You can get married and file papers if the marriage is bona fide and not "only" for the reason of obtaining the green card. If you need assistance in the processing of the marriage based green card case, please feel free to contact our offices. You would certainly want to file the paperwork before your boyfriend is served with a Notice To Appear.

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  • I am a L2 visa holder, can my employer apply and or sponsor me for a greencard or H1B visa

    1. I presently have an L2 visa. a. Can my employer apply for a greencard for me - how long does it ususally take to get a green card for L2 visa holders. b. Will I first have to change my visa status from L2 to H1B prior to applying for th...

    David’s Answer

    YOU WROTE: Conversion of L2 visa to green card: 1. I presently have an L2 visa.
    a. Can my employer apply for a greencard for me - how long does it ususally take to get a green card for L2 visa holders.

    RESPONSE: Yes, your employer can apply for you. Remember that the green card application is "prospective in nature". This means that the green card application has to do with what will be going on when you get the green card and not right now.

    YOU WROTE: b. Will I first have to change my visa status from L2 to H1B prior to applying for the greencard.

    RESPONSE: You do not have to do that but there may be some advantages to doing so. For example, there is a cap or limitation an an annual basis with regard to getting H-1Bs for some people so the sooner you get it may be better for long term strategic planning for the green card process.

    YOU WROTE: 2. My spouse presently holds a Blanket L1A visa and therefore is restricted to work only for his sponsoring company. Once I get get my Green Card a. will my spouse be able to sitch companies and begin working on an EAD

    RESPONSE: Once you and your spouse have green cards you can engage in "free market employment". THIS MEANS YOU CAN WORK ANYWHERE. However, please note that the green card process by an employer contemplates that it is for a particular job with a particular employer and that this intention needs to be maintained by the employer and the prospective employee throughout the green card process.

    YOU WROTE: b. What visa status will he hold if I have a green card ?

    RESPONSE: You will be a lawful permanent resident in the U.S. Please feel free to contact our offices at info@visaserve.com for more information as these responses to your queries cannot substitute for competent legal advice about your particular case.

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  • H1-b visa holder got married 6 months ago, procedure for filing for green card through wife who is a U.S. citizen

    How do I file for Green card through my wife who is a US citizen? I am already in US on an H1-B and got married 6 months back

    David’s Answer

    You can file an immediate relative petition and an adjustment of status application. In general, and as a precaution, we recommend that you maintain your H-1B status through the time you obtain your green card.

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  • Can two H1B holders get married in New York?

    Hi, my fiancee and I plan to get married soon; we both are H1B holders living in NY. What would be the legal implications of us getting married in NY. Will this be legally recognized?

    David’s Answer

    That is great news. Congrats. With regard to legal recognition, that is not really an immigration issue. The marriage will be valid if you are married by an appropriate authority in the States. With regard to your status you may be able to (later) derive status for one another and derive green cards (ultimately) from one another. Strategic planning for the green card is complex and in connection with same you should seek competent legal immigration law counsel. By the way, consider also the impact of the marriage on the extent to which it may impact upon the priority date for green card processing. For more information, please feel free to contact our offices at info@visaserve.com

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  • OUT OF STATUS: applied for change of status from F1 to B2: what could i be facing?

    Came to the US with an F1 visa. Got dismissed on June 2007. Grades started dropping because I became a victim of crime on September 2006. After dismissal, I applied to other schools for the Spring semester of 2008 and didn't get accepted. I couldn...

    David’s Answer

    We would be pleased to assist you. As long as you are F-1 then you are considered D/S. If an adverse determination is made on your B-2 request then such finding may trigger that 180 days that the lawyer told you about. If you have an employer willing to sponsor you then you may want to consider a professional and specialty work visa. The ability to obtain such visa will depend upon whether or not you possess the U.S. equivalent of a Bachelor's Degree. We recommend that you seek out the advice a qualified immigration lawyer with regard to the issues that you have raised and you address the upsides and downsides of the strategies available to you.

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