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Alexandra Vera Tseitlin

Alexandra Tseitlin’s Answers

164 total


  • Are there any future (potential) problems resulting from changing from H1B to B2 while PERM is pending and 6 years of H1B is up?

    I'm currently nearing the end of my 6 year H1B visa (including all recapture time), which will end on December 10. My PERM is still pending (it was filed in July 2014). Will changing from my H1B to a B2 visa in the next few days and then back to H...

    Alexandra’s Answer

    You cannot return to H1B status unless you leave the US for one year and will be subject to cap. Your PERM application is not affected by your change of status. However, your B2 change of status application is questionable since your intent is to stay in the US and not to be a visitor.

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  • Question about Green Card marriage- I1485 and Interview- Living Separately- Please Advice

    I am on H-1B and my would-be-wife is an US Citizen. We plan to get married at the end of this month. Then I would apply for I-485 (Adj of Status). It is a genuine and bone fide marriage but with a problem- her job is in CA and I am unable to immed...

    Alexandra’s Answer

    You should have extensive documentation to show that you relationship is real and you are marrying to be together. There are many factors that may influence the USCIS officer who will be deciding your case, and your living apart may be problematic, if you are not planning to travel to see each other frequently. It would be best to consult with an attorney before you file your applications.

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  • Should a criminal defense attorney file a cross complaint?

    If a paid defense attorney represents someone and the client requests a cross complaint to be filed and the attorney does nothing and after case is resolved states That's something you have to file. Is that valid?

    Alexandra’s Answer

    Cross complaints in criminal matters are filed with the police. Did you discuss that with your attorney?

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  • H1 new petition - H1 transfer

    I recently received my H1 approval. I never worked for the employer who filed my H1 and will start working effective H1 approval date. However, I am planning to switch to another employer. Do I need any documentation from the previous employer to ...

    Alexandra’s Answer

    As long as you are in valid H1B status and working for your employer, your new employer can file for an extension. You will need to show that you were working for the original employer. If you are planning to start working, your employer should pay you and you can present your pay stub as proof.

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  • Seems like USCIS lost my pending I-751 file

    Hello all, I just had my naturalization interview today. Ok , 4 years ago in 10/2010 I filed I-751 to remove condition from my green card (divorced). My case been pending ever since. I wrote, called, infopass. All they told me was to wait....

    Alexandra’s Answer

    If the USCIS locates the I-751 filing, they can adjudicate both applications at the same time. If they cannot locate the I-751, then you will need assistance of an attorney to file a duplicate I-751, provided you have retained copies of the filing and your receipt.

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  • Need to know about advance return permission

    Sir i have green card and stayed here 3 years but now I need to go out of states for long time. It's like for 2 or 3 years.I need to knowif I take advance return permission. Then will I get for 3 years permission? Also want to know after coming ba...

    Alexandra’s Answer

    You can file for a Travel Document and it will be issued for 2 years. Before you file for this document, you should consult with an attorney to discuss on what basis you obtained your residency, the purpose of your trip, what contacts you have in the U.S. and other issues that may affect your eligibility for U.S. citizenship and status maintenance.

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  • Can I travel outside US if decision can't be made at this time after naturalization interview. How long is the waiting period.

    Married 8 years to US; complete naturalization interview 17 days ago; during last 3 years, made a trip over 6 months but less than 1 year; since then I have been in the US for the past 2 1/2 years. Do I have a high probability for approval? What ...

    Alexandra’s Answer

    If your green card is valid, you are able to travel, but keep in mind that you may have to come back if an appointment is issued for your oath ceremony. In any event, it is safest to return within the 180 day period.

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  • Do I need an Immigration attorney after delaying my I 751 form submission?

    I filed the I 751 form, earlier this year, I got my biometrics done. However, the evidence I submitted was not sufficient and USCIS reverted with an RFE for further evidence. Due to health issues my husband was not able to file it on time and we a...

    Alexandra’s Answer

    If you can provide medical documentation that explains your delay, the USCIS may take it into account. You should consult with an attorney. Good luck.

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  • F1 status student going to fall out of status due to lack of funds, but wants to stay in usa

    I am currently a F1 Student who has changed status from J1 TO F1 and cannot continue to be in status at current school due to lack of funds. However i am close to finishing my bachelors and dont want to leave because my credits dont transfer to a ...

    Alexandra’s Answer

    You may be eligible to apply for a change of status to that of a visitor. You need to consult with an experienced attorney to make sure it works smoothly.

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  • Does a police visit involving a domestic incident report where no offense committed is checked violate the terms of an ACD

    so that prosecution is resumed, and the case won't be dismissed and sealed?

    Alexandra’s Answer

    If there is no arrest or prosecution, then it is unlikely that the prosecution will reverse an ACD grant.
    Alexandra Tseitlin

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