David H Nachman’s Answers

David H Nachman

Ridgewood Immigration Attorney.

Contributor Level 9
  1. H1-b visa holder got married 6 months ago, procedure for filing for green card through wife who is a U.S. citizen

    Answered over 5 years ago.

    1. Bradley Mark Maged
    2. Annaluisa Padilla
    3. Hassan Minhaj Ahmad
    4. David H Nachman
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

  2. I married a Colombian citizen while she was in the US, but she returned home to finish her degree.How do I get her back legally.

    Answered over 5 years ago.

    1. Thuong-Tri Nguyen
    2. Steven Alexander Culbreath
    3. David H Nachman
    3 lawyer answers

    You can file for her green card in the U.S. and have the visa sent to Colombia. In the alternative, you may be able to use the K-3 process. The route you take may depend upon your ability to provide an Affidavit of Support for your wife.

    1 lawyer agreed with this answer

  3. H1b visa has expired, is it possible to renew h1b without leaving the U.S.

    Answered over 5 years ago.

    1. Karin Wolman
    2. Bonnie Stern Wasser
    3. David H Nachman
    3 lawyer answers

    There is a mechanism available to allow you to ask the CIS to go back and grant status Nunc Pro Tunc. The process is subjective to the CIS Officer reviewing the case and is generally granted when there is not such a long time lapse. You have mentioned 2 years. That is a very long time. However, you can certainly try a Nunc Pro Tunc case.

    1 lawyer agreed with this answer

  4. Marriage of US citizen to Out of Status Foreigner?

    Answered over 5 years ago.

    1. Rachel Baskin
    2. David H Nachman
    2 lawyer answers

    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.

    1 person marked this answer as helpful

  5. How to extend the H1B beyond 6 years?

    Answered over 5 years ago.

    1. Philip Alan Eichorn
    2. David H Nachman
    3. Michael A Harris
    3 lawyer answers

    The law says that if you have filed and have pending a Labor Certification Application for 365 days prior to the end of the 6th year, then you can extend the H-1B in one-year increments. We suggest, under the circumstances, that you look closely at the amount of time that you have actually been in the U.S. in H-1B status for the past 5 years, as you may be able to recapture enough time to allow you to file the Labor Certification still within the 5 years. You may also want to consider...

    1 person marked this answer as helpful

  6. Immigration category Indian

    Answered over 5 years ago.

    1. David H Nachman
    1 lawyer answer

    The determination about EB-2 and EB-3 depends upon the requirements for the position being offered in the PERM on a full time and permanent basis. Based upon the information that you have provided it would seem that your case can be treated as an EB-2 case. However, a more thorough examination of the facts could show otherwise. You and your employer should speak to a qualified business immigration lawyer who can explain the upsides and the downsides to doing a case as either an EB-2 or EB-3 case.

    1 person marked this answer as helpful

  7. IMMIGRATION LAWYER ISSUE? HELP PLS?

    Answered over 2 years ago.

    1. Nicklaus James Misiti
    2. Elizabeth Clare Surin
    3. Gen Kimura
    4. David H Nachman
    4 lawyer answers

    I agree with my colleagues.

  8. After AOS interview 5 months passed-No decission yet

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. Karin Wolman
    3. Jason Todd Lorenzon
    4. Neil Ian Fleischer
    5. David H Nachman
    5 lawyer answers

    You need to contact someone who has worked extensively with the NY District Office and its staff to advance cases for their clients. We do this all of the time (and many of my colleagues do this too). It is very routine. We highly recommend that (if you are not able to advance the case alone using INFOPASS) that you consider hiring a lawyer to assist you here. Be sure to check to see if the lawyer that you hire has a track record of advancing cases in the NY District office. The reason for this...

  9. If my Visa Expires & I-94, How can I get a working Authorization?

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. Christian Schmidt
    3. Andre R. Olivie
    4. Otis Carl Landerholm
    5. David H Nachman
    5 lawyer answers

    I agree with my colleagues but would like to add that the best way to determine your options would be for you to send our office a resume so we can give you some ideas about the types of nonimmigrant visas (of which there are many) that you may be able to obtain to allow you to have status in the U.S. There is not a cookie-cutter answer to anyone's immigration options in the U.S. A person's options are very sensitive to their academic and/or experiential background. Once we see a resume then we...

  10. Change of status from B1 to F1 not approved yet?

    Answered over 2 years ago.

    1. Neil Ian Fleischer
    2. David H Nachman
    3. J Charles Ferrari
    3 lawyer answers

    You cannot start studying in your program until the F-1 status is approved by the USCIS - U.S. Citizenship and Immigration Services. However, you should always check in with your ISO - International Student Officer - soonest for nuances with regard to the policies of the academic organization. The ISO usually guides you with regard to immigration questions of this type. We represent many academic organizations and tend to find that the ISOs have their own plans and strategies for dealing with...