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Douglas Michael Lightman

Douglas Lightman’s Answers

38 total

  • I94 Date before H4 expiry date

    My Daughter's H4 visa is valid for 3 years. Her passport is expiring next year. As per the I94 date it is same as the Passport expiry date, but my Son has similar case but his dates are correct. How o correct I94 dates.

    Douglas’s Answer

    Your daughter should get a new passport and either extend her status in the US or leave the US before her current status expires and re-enter with her new passport and H4 visa stamp.

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  • Do I have to file a change of address form AR-11 if I have already notified USCIS through a service request?

    I have an I-485 for a family based petition outstanding and my wife and I moved. I called USCIS and they processed a service request to change the address and send me confirmation of that. Do I also have to fill out form AR-11? I read somewhere ...

    Douglas’s Answer

    To be cautious, I recommend also submitting the form online.

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  • I want to start a start up to sell paintings to galleries,home decor showrooms. i am an L2 visa holder with an EAD.

    The paintings that i intend to sell are indigenous and will be imported from India. i want to know the legal formalities i will have to observe before i start my small business.

    Douglas’s Answer

    You can work for any employer or for yourself while in the US in the L-2 status as long as you have a valid EAD.

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  • After H1 transfer which documents should I receive from new employer?

    Recently I changed my employer after getting 797 approval notice. Was wondering which documents should I receive from my new employer along with I-797, I-129, LCA, etc. Appreciate your help! Thanks, Shriram.

    Douglas’s Answer

    Technically, they only need to provide you with the I-797 approval notice and a signed copy of the LCA. However, it would be prudent for you to have a complete copy of everything submitted, aside from any confidential or employer sensitive material.

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  • Does EB3 to EB3 from company A to company B require a new PERM to be filed by company B?

    hello, I am on EB3 india with a PD of july 2007. I am on my second H1b extension right now. I am planning to switch over to a new company under the same EB3 category. My PERM LC and I-140 have been approved with company A. If I go company B no...

    Douglas’s Answer

    Yes, if company B wanted to sponsor you for a green card they'd have to file a new PERM.

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  • How long would it take to get my Green Card after I send the re newel forms? Do I need to stay in U.S. until I receive it?

    Do I need to send a translation of my birth certificate with renewal form for renewing my Green Card?

    Douglas’s Answer

    It takes about 8-9 months. You can travel while the renewal application is pending assuming you have your green card or a stamp in your passport. If you have your green card, they will place a sticker on it to evidence that you're in the renewal process. You can travel even after it has expired while the I-90 is pending as long as you have the sticker on your green card. You do not normally need to send in a copy of your birth certificate as part of the process, but if for some reason your case is unique and it's needed, you should have it translated via a certified translation.

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  • What is the time average for NVC to review and process missing documents that were already submitted?

    After waiting for more than a month to get my petitions upgraded from category F2A to IR, NVC sent me a letter two days ago in which it states that my inquiry was received along with the documents (proof of citizenship) that I submitted. The lette...

    Douglas’s Answer

    Anywhere from 1-3 months, in our experience. The customer service line can actually be very helpful, unlike USCIS.

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  • I-130

    Hello, I am a U.S citizen and filing I-130 for my wife. I was wondering if I should submit financial support forms with the initial I-130 package? or just the I-130 form and G 325 forms for both my wife and myself.

    Douglas’s Answer

    • Selected as best answer

    You do not need to submit financial support forms, unless your wife is already in the US and you are also submitting an I-485 application for her to adjust status in the US.

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  • Was your visa ever cancelled or revoked - question on DS 160

    I was trying to change employers and before the petition of a H1 from the new employer was approved the previous employer revoked the H1 status I was holding with their company. My transfer was rejected so I left the states. I never had the H...

    Douglas’s Answer

    Your previous employer submitted a petition on your behalf, not a visa application. The petition that your previous employer submitted was rejected. This is not the same as having a visa rejected. The question pertains to a visa application made at a US Consulate or Embassy outside of the US.

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  • OPT expired, now in 60 day grace period. Applying for H4, Can I stay in US while application is in processing?

    My OPT expired a month ago. I was in cap gap as my H1B application was in processing till I got the denial decision last week which pushed me into 60 day grace period. I have stopped working the very day I saw my application is denied and now I am...

    Douglas’s Answer

    Yes, if you are in legal F-1 status at the time you submit your application to change status to H4, you may remain in the US while the case is being processed. You are in legal F-1 status if you are within the 60 day grace period of your F-1 status (OPT is a part of F-1 status, as you know.).

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