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Stuart Jonas Reich
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Stuart Reich’s Answers

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  • I-864 problem with income

    I got married in February. Immigration lawyer submitted all forms to DHS. Then we got RFE saying that my husband has to show how he made his money (schedule C etc.) AND proof of current employment (he still works in construction making cash). My ...

    Stuart’s Answer

    The current income cutoff for a household size of 2 is $19,912/year - so it isn't as if your spouse would need to make MUCH more. the problem here is proving it (and yes, he is required to pay taxes on all income, including cash).

    A joint sponsor - absent your husband having assets of three times the $19,912 figure or your being here and working legally right now (in which case you can add your income using a Contract with Household Member) -may be the best option here. See the link for a legal guide on how this works, and discuss with your lawyer.

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  • I-131 support document.

    I am applying I-131 for advance parole. I have Visitor Visa (B2) now and I live in U.S. It says I have to submit a document issued by USCIS that show my status. But I have only Visa and I-94... Are they enough or do i need some more?

    Stuart’s Answer

    • Selected as best answer

    You really need to speak with an attorney - even if only to fill in some blanks your question leaves unanswered.

    You don't say what the basis will be for this advance parole (are you filing a marriage-based green card case or a case based on something else? TPS or DACA?) When did you enter on the visitor visa and at what point after entering on a visa that requires the intent to return home did you decide to "live here?"

    Lots of potential problems here - may be perfectly fine depending on the answers to those questions, but a lot needs to be addressed before you file anything. The I-94 may be enough to show status if unexpired - but if this is the situation it raises other questions.

    Speak with an attorney before you do anything.

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  • Do I need a I-130 for step child and wife separately? Can my wife petition for stepchild after her I-130 approval?

    I am a U.S. citizen. I have a spouse and step child in a different country. I want to bring them to the U.S. as permanent residents. I know that I have to apply for green cards for them. I am not sure if I should send a I-130 for each of them, or ...

    Stuart’s Answer

    I agree with my colleagues - two separate petitions needed.

    On the second part of your question: In theory, your wife can then (after approval of her own case) petition as a permanent resident for your stepchild, but this will take very significant additional time after her case is approved. The child can't just be added to your filing for your wife Would make far more sense for you to petition for both simultaneously.

    Speak with an attorney.

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  • Is EB1 possible on H1b?

    Employee was working in company A as a manager on L1A for 3 years. Did COS to H1b with company B a year back...has been working with them since then . Employee currently in US for last 4 years ..... 3 years with Company A and 1 year with Co...

    Stuart’s Answer

    Yes -being on a non immigrant via other than L-1A doesn't disqualify the person form using the EB-1 multinational/executive category as long as the person/company otherwise meets the requirements.

    Seek counsel from an attorney given the unique facts of this case.

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  • Please help, I am H1B visa holder. I have been working at one of the largest company in US for 11 years.

    Am I eligible to apply for adjustment status (I-485) now? If I am eligible, should I file only I-485? Is there any other extra forms should I file with I-485? Thanks.

    Stuart’s Answer

    If you are working at one of the largest companies in the world, presumably they have counsel who are handling your case - and in fact, as my colleague notes, to be on the H-1b for that long you already must have made progress with an immigrant visa case.

    speak with the company attorney - this shouldn't be handled by you alone.

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  • My mum is a US permanent resident and I am an international student. Is it possible she applies for permanent residency for me?

    What are the procedures? And what is the estimated duration of the process?

    Stuart’s Answer

    Speak with a lawyer for guidance specific to your case.

    In theory she could apply for you, if you are either under 21 or still unmarried (getting married during the process invalidates the case - there is no category for over 21 married children of permanent residents).

    Filing this will likely cause issues with international travel on your F-1 during the long time that the case would take for approval. Country of birth and the unanswerable question of how fast visa availability moves forward in this category will determine overall timing.

    Speak with an attorney...

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  • Resignation notice period for h1b

    Hi, I am on H1B and resigning the job. However my employer enforcing me to server a 2 months notice period as per the policy signed in India. Is it legal to do that ? I already got my h1b transfer approved for another employer

    Stuart’s Answer

    Same answer as when this was asked last week - more of an employment law question.

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  • Change in visa status.. Is it possible to process F-1 to H-4 conversion and H4 EAD at the same time!!

    My wife has graduated in May this year and she is currently working as a full time employee on F-1 visa with OPT status. We have an option going forward to get her work permit based on my approved I 140 once her OPT expires . However, ...

    Stuart’s Answer

    • Selected as best answer

    You need to speak with an attorney about the specifics of your situation, but this would in practice be very difficult to do without a gap in employment.

    To qualify for H-4 work authorization based upon your approved I-140, your wife would first need to be in H-4 status. She wouldn't be at time of filing if these two applications were filed together.

    Generally, you need to wait for H-4 approval and then file for the EAD, which then takes three to three and a half months. She wouldn't be able to work during that time.

    Speak with an attorney.

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  • Can H1 Holders start a business and can he play a active role ?

    I'm on H1 and want to start a company . Can i do that along with doing my existing job on H1 ? will that cause any legal issues or will that cause termination of my job on H1 and need to leave the country ?

    Stuart’s Answer

    You really need to sit down with a lawyer, discuss your plans and timeframe, and get advice specific to your situation.

    You can't do anything for a business you start on your own H-1B - you can form the company, but can't - on your existing H-1B - do anything for the benefit of that company without 1) violating the terms of the H-1B, which is specific to your current job, and 2) working unlawfully for the new company.

    It may be possible to get a concurrent H-1B - a second, normally part-time H-1B for the new company if you otherwise meet the requirements. But, in addition to paying required wage and the fact that the job would need to require a bachelor's or equivalent degree in a field where you have such a degree or equivalent, you would need to deal with certain restrictions on how much of the petitioning company you own - this often causes issues for entrepreneurs when seeking H-1Bs.

    Speak with an attorney.

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  • 6 years clock reset between 2 L1 Visas

    I am currently on H1B with past experience on L1-Individual and L1-Blanket visas. I lived out of USA for 1 year between my 2 L1 visas. I am sure it is the gap between exit date and following petition filing date. But is there a way to contact USCI...

    Stuart’s Answer

    USCIS won't confirm anything for you (and it would be very difficult to rely on what they told you by phone if you did).

    H-1B and L-1 time IS counted together towards the six-year maximum, so it is important to figure out if you reset between the two L-1s.

    How long ago did you leave at the end of the first L-1 to start the year abroad? If recently enough, might be able to enter current I-94 # in the online I-94 system and pull up your travel history, with arrival and departure dates. This would be a print-out form a government system, and perhaps a little easier to rely on.

    Consult an attorney for further guidance on your matter.

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