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Stuart Jonas Reich
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Stuart Reich’s Answers

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  • Does I-140 revocation from previous employer affect pending H1B Transfer petition, I am in 6th year H1B

    Immigration - H1B Transfer I got my I-140 approved last month and want to switch jobs, with the current hold on premium processing for H1B transfer, I am worried that my previous employer might revoke my approved I-140, If the new company file...

    Stuart’s Answer

    You should speak with an attorney directly about this.

    That said, only revocation by USCIS on grounds of fraud would actually prevent use of the approved I-140 for post-sixth-year H-1B extensions. Withdrawal of the petition by the employer does not.

    Again, seek counsel specific to your case.

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  • I751 delievered late by usps with 8 days

    My lawyer and I submitted and sent the I751 documents on Tuesday 5th of May, it was sent priority mail for 3 days and it was suppposed to arrive on the 8th of May which was Friday. The due date was 11th of May which was Monday. We couldn't track t...

    Stuart’s Answer

    Normally, at least the filing will be accepted and a receipt Notice with the one year extension issued.

    It may be advisable for your attorney to then send a letter, with a copy of the Receipt, explaining/providing evidence of timely mailing by a method intended to arrive in time.

    However, follow the guidance of your attorney.

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  • Can I do my biometric for ead in l2 visa without getting biometric appointment from usics?

    I've came to usa on l2 visa on may14, 2015 to apply for ead. I'll be going back to india on may 30th. I've applied for ead and got the i-797c form with notice type as receipt. My concern is that since its just three days left for me to go back to ...

    Stuart’s Answer

    While we've had success with people going to be fingerprinted on a date earlier than the date specified on an appointment notice, it would be extremely difficult to be fingerprinted without a biometrics notice at all. These notices contain a bar code they need to scan st the Application Support Center, and they are supposed to stamp the appointment notice to confirm that the prints were taken.

    Hopefully, someone will be able to get a hold of the notice when it does arrive, and you can try postponing until you are back - but this will likely delay issuance of your EAD.

    Speak with an attorney for further guidance.

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  • L2- EAD to H1B

    I am currently in L2 - EAD and working for Company A. I have applied for H1B petition with change of status through consulting company B . My case is picked in the lottery. My questions are below. 1. If H1B is approved, will my status ...

    Stuart’s Answer

    You really should be asking these questions of the attorney who filed the petition.

    For a cap subject case, the H-1B would have a start date of October 1 - but whether you automatically switch to H-1B status on that date depends on whether a change of status was requested, whether you could prove you were maintaining valid status, and whether you refrained form traveling before approval.

    The H-1B employer legally must bring you on board and pay you within a short time after the petition start date - regardless of whether they have a project for you. While there are certainly some circumstances where consulting engagements are legitimate where the LCA was filed to include the client location they have in mind and the employer still maintains sufficient control over your work, having your H-1B employment dependent on a future unidentified project is extremely problematic. USCIS will typically ask the employer to prove it has work to last through the H-1B period requested in order to approve the petition.

    If approved as a change of status, you would be switched over October 1 and must maintain that status. However, you could leave and reenter on the L-2 to regain that status.

    Consult an attorney for further guidance -this sounds like a problematic situation.

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  • My STEM OPT extension expires in aug 2015 and H1b FY2015 is rejected. Can I re-enter on H1B next year?

    Assuming i have a job offer starting next year and they are willing to file H1B for FY 2016.Does it matter if I go back to home country and don't work and wait for h1b next year?

    Stuart’s Answer

    Yes, as long as the job offer for next year (if not for the same job not selected in the lottery this year) independently qualifies for an H-1B. This is true whether you return home or find some other valid status in which to remain here through September 30, 2016.

    Speak with an attorney directly for further guidance.

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  • Mistake in USCIS Form I 129

    a) My new Employer has filed H1 transfer for me, he sent me a copy of the filed I-129 form and i noticed a error, here is that. IN Part 4. Processing Information. There is a Question under that - Are you filing any application...

    Stuart’s Answer

    • Selected as best answer

    Your attorney is correct - this is unlikely to have any serious impact on this petition. At most (and this is doubtful), USCIS may send an inquiry to see if the answer was supposed to be negative, or if an I-539 for your wife was/is being filed. But likely not even that.

    Schedule a consultation with another attorney if you want to explore this further, but this does not appear to be in any way material to approvability of your H-1B transfer of employment petition.

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  • Is it mandatory to start H1B visa on October 1st for a new petition?

    Is it mandatory to start H1B visa on October 1st for a new petition? If not, how much is the relaxation period? I understand that the start date will be mentioned on the approval notice which is generally October 1, lets assume its the same date, ...

    Stuart’s Answer

    • Selected as best answer

    This gets a little confusing.

    To maintain H-1B status, you would need to start work as soon as here in H-1b status - either October 1 if status changed here, or upon entry in H-1b status. Realistically, since USCIS looks to pay records such as W-2s and pay stubs as proof of maintenance of status, a lapse of a few days before joining the company may not be fatal.

    There is an "anti-benching" provision relating to employers saying they need to have you on board no later than 30 days of a date of first admission on the company' sponsored H-1B if coming form outside the US, no later than 60 days after the start date of a petition approved for change of status while you are here. These rules apply to the employer, and allows something which appears to conflict with the requirements of you - hence the confusion.

    Speak with an attorney for further guidance.

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  • How long does it take to hear back about change of status from F1 to F2?

    I applied for change of status from f1 to f2. My case was received on Jan 22 but I haven't heard back yet. What's the usual processing time? How can I follow up on my application?

    Stuart’s Answer

    Normally two and a half to three and a half months. you should have received a Receipt Notice within about 10-14 days of filing with a case number and an 800 number to call to follow up on status.

    At this point, a response is overdue - I suggest consulting an attorney to try to learn more about what is going on here.

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  • After employment based immigration I-485 approval, does the USCIS perform fruther investigations?

    DO they investigate if the employee is working part-time or full-time, and do they check for income and whether it matches what was documented in I-140? How do they do that? DO they ask for RFE?

    Stuart’s Answer

    While such investigations are rare, they aren't unheard of. I agree with my colleague that - absent an upset employer or someone else with a grudge purposely bringing and discrepancy to the government's attention, the most likely occasion for inconsistencies between the job offered and what actually happened after approval to arise is in the context of a later naturalization application.

    This all said, the important thing is that at all times while the case was pending it was both the individual's and the employer's intent that the individual would work in the job offered, on the terms stated (pay/hours/place etc.) It IS possible that circumstances change at some point after approval.

    If you are concerned because after approval, a different situation than was envisioned in the case will prevail, speak with an attorney about your concerns.

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  • H1B Amendment

    What is the cost of H1B Amendment?

    Stuart’s Answer

    You would need to speak with an attorney directly - legal fees depend upon the nature of the case, potential complications requiring additional work, materials you already have available vs, what would need to be created from the beginning, etc.

    Government fees are pretty standard, and to some extent can be determined here: http://www.uscis.gov/forms/h-and-l-filing-fees-form-i-129-petition-nonimmigrant-worker

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