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Stuart Jonas Reich
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Stuart Reich’s Answers

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  • In your experience, would an I-140 filed under premium processing be scrutinized more than regular processing?

    A lot of immigration attorneys discourage premium processing stating that there is an increased RFE possibility mostly due to the case officer not paying sufficient attention to the documents submitted and hence issuing RFE’s requesting to submit ...

    Stuart’s Answer

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    My experience has been about the same either way - I don't see any specific evidence that the Premium Processing Unit is more hostile to cases that traditional processing. that said,

    I've heard the arguments that since premium processing is on a tight deadline, they may issue boilerplate RFEs to buy time. there has been a time or two where I suspected that this is why we received an RFE, but I don't think it's the norm - often they respond even before the 15-day limit they have.

    The best course is to work with your employer and attorney to ensure that the case is as well-documented and as well-argued as possible (especially with regard to meeting the >50% different test for use of same-company experience) - regardless of which processing track you use.

    Not sure Premium Processing gives much of a benefit for an EB-3 case right now beyond the peace of mind of having an answer a bit sooner, though.

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  • F1 Case is still pending but got i94 for two years on class F1

    Hi I applied for COS from H4 to F1 on april 10th , and the case is still pending with USCIS. however i recently traveled to Mexico on cruise trip while my change of status was in transition (not approved) , while re-entering USA , based on m...

    Stuart’s Answer

    Agree with my colleague that your pending change of status is likely to be denied, and that you were admitted as an F-1 D/S.

    Typically, you would need a visa stamp in your passport to reenter as an F-1 (unless you are Canadian). Not sure if you were charged a fine for entering without such a visa stamp (or for that matter, whether you got one during your time abroad).

    But, you may want to seek a consultation with an attorney before traveling again.

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  • When I can do servies an inquiry for I 130

    Field 2/14/2015

    Stuart’s Answer

    Speak with the attorney who handled your case (or if you handled yourself, find an attorney) for further guidance.

    It isn't clear whether you've heard nothing at all back, or have already communicated with the service (for instance, responding to a Request for Evidence). For timing of initial response, as my colleagues note you can check current processing times on the USCIS web site - if they aren't up to your date of receipt, you can gauge how far away they are. If past your date of receipt, it's time for an inquiry.

    If you've responded to an initial inquiry, allow 30-60 days from when USCIS received your response, though at this point it's more difficult to determine timelines.

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  • Not responding to a H1B RFE, will this affect any immigration related applications in the Future?

    I have an H1B approved from Company A, and an H1B RFE from Company B. I do not wish to join company B now, and so do not wish to respond to that RFE. Will this affect any of my immigration related applications in the future like H1B transfer, H1b ...

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    As my colleague notes, it's really the company that files and "owns" an H-1B petition as well as responds to any inquiries.

    You can tell the Company B sponsor that you no longer wish to join, and they presumably wouldn't pursue the case. It would be in their interest to withdraw the pending H-1B and the underlying LCA.

    If they don't respond at all and the case is denied for abandonment, it shouldn't negatively impact you - though you will need to disclose the denial and circumstances on any future application asking about denials.

    Speak with an attorney for further guidance.

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  • Hi

    I applied for my citizenship,I submitted form n-400,and I have an interview on October. My questions: -going back five years,49% if the time I am out of the United States ,visiting my husband!and 51٪ of the time I am in the United States,w...

    Stuart’s Answer

    I agree with my colleague - you need to consult an attorney directly.

    On the time abroad, the extent to which this will be an issue depends on many factors, including how long you were abroad at any one time, maintenance of other ties to the US, etc.

    I would also suggest exploring the visa refusals your husband has had to date, if there is any thought about sponsoring him in the future. Probabaly not an issue, but should be reviewed by a professional.

    Speak with a lawyer for further guidance.

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  • My boyfriend and I are looking at ways to emigrate to the USA. What are our VISA options?

    We are both UK citizens living in London who would like to work in the US, ideally in California. He works in a senior position in technology startups with several years experience and I am a secondary school English teacher with 2 years experien...

    Stuart’s Answer

    You both need to speak with an immigration attorney to evaluate the possibilities.

    With regard to your boyfriend, there may be various employment-based visa options available, especially or someone in a senior role with a startup or two under their belt.

    You may be right about sponsorship for a teaching position, but there may b other options available. For a couple that has established a long-term cohabiting relationship, there is often a way to bring a partner here on a long-term visitor visa without getting married and using derivative (spouse/child of primary visa holder) visa.

    There may be yet other options available to each of you - you would need to discuss your overall circumstances in depth with an attorney.

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  • As part of Nov 2014 EO, how likely is the proposed rule "EAD for approved I-140" to happen this October?

    Proposed Rule here - http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201504&RIN=1615-AC05 (site seems to be down though)

    Stuart’s Answer

    My understanding, like attorney Segal's, is that this isn't part of the lawsuit.

    What's holding this us is the lack of implementing regulations - to my knowledge, there are no proposed regulations or policy guidance implementing this to date.

    There HAS been a regulations implementing EADs for H-4 spouses of H-1Bs with approved I-140s awaiting a current priority date, but I don't understand this to be what you're referring to here.

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  • I-140 approved and sponsor is shutting down business.

    Company "X" is my green card sponsor and my I-140 approved in March-2014 My nationality is Indian so cannot file I-485 due to priority date is not current. Currently, I am working for Company "Y" who is my H1b sponsor and I am in 8th year...

    Stuart’s Answer

    Not a great situation, but things could be worse - you need to strategize with an attorney..

    At this stage, you do need a new green card process from the beginning - presumably sponsored by company Y though it need not be.

    BUT: you do get to keep the priority date form the original petition; though you need to repeat labor certification and a new I-140, with the earlier approved I-140 you can retain that original priority date...so you aren't completely going to the back of the line.

    As long as this is going on, there should still be ways to continue extensions of your H-1b while the process is underway (though this needs to be analyzed, and the interaction of timelines for the various cases become important).

    Again, schedule a consultation with an attorney to set a course of action.

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  • When applying for USCIS forms I-130 & i-485 concurrently do I need duplicate copies for each forms and passport pictures?

    On the day that me and husband went to go sign all the forms needed for AOS we found a whole bunch of errors as if the lawyer we hired didn't even bother to go through. When I got home I researched everything and found that there were multiple peo...

    Stuart’s Answer

    I agree with my colleague -the forms are long, intricate, and often the information initially provided by a client may answer a different question than what's asked on the forms. Certainly a good idea to review all forms and point out what needs correction, but I don't think the existence of a typo or two is any reason to doubt your attorney.

    for the beneficiary, I generally provide one G-325A for the I-130 package and one for the I-485 portion of the filing - but that's the only form I duplicate. I send two photos of both Petitioner & Beneficiary for the I-130, and two each of the beneficiary for the I-485, I-765 and I-131.

    I generally always file the I-131 -not sure why you wouldn't (no additional fee, little additional paperwork), though depending upon your immigration history it may be best not to travel before approval even with this

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  • Do i need a lawyer or what please suggest

    hi. i am on student visa f-1 and my boyfriend came to u.s.a on visit visa that is b-1..b-2... and converted his visa to student visa that is f-1 but he did not continue going to school and dropped it so he is illegal no. and now we are planning to...

    Stuart’s Answer

    You/he should definitely consult an attorney.

    As my colleagues note, this is fixable - a marriage will enable him to get F-2 status - but he will need to go abroad to do that, applying at a consulate abroad. The consulate may question whether he has the required non-immigrant intent for an F-2 - the intent to return home at the end of your period of study - given that he remained after letting his prior status lapse. So, the application at the consulate for an F-2 visa isn't s sure thing.

    Definitely speak with an attorney.

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