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Stuart Jonas Reich

Stuart Reich’s Answers

3,454 total

  • I got interview for i751 waiver and I was told I should get a letter on the mail with their decision within the next.....

    30 days, will I really get their decision within that time? Or how long they usually take to give that answer? Thanks.

    Stuart’s Answer

    In most cases, the decision should follow pretty quickly. But, it's possible that it doesn't - and this may have nothing to do with your case but may be merely a backlog issue with the officer OR with the officer's supervisor, who often needs to review and approve decisions.

    You may find that you can't check status online using the case number on your receipt and on most other documents for the case. take a look at your biometrics appointment notice, which likely has a different case number - often this one will work for checking online status.

    Speak with an attorney for further guidance.

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  • Can a start up co. apply for 2 L1 visas at the same time? Company just started a month ago. Thanks!

    I guys, I want to bring over 2 executive level managers from my home country and together with them, we want to start an L1 subsidiary here in the U.S. Is it better to just apply for 1 first then the other or can we do it both at the same time? Th...

    Stuart’s Answer

    You would definitely want to speak with an attorney concerning the unique issues with L-1s for new US entities.

    You can apply for both at the same time, but you will need to prove that both will be managers or executives. This may prove difficult if the plan doesn't call for hiring intermediate managers or professionals near-term.

    For a new business, the L-1(s) would only be for a year - and at the end of that year you would need to prove they are truly serving as executives or managers (normally, that additional people have been hired and they are now supervising middle level managers or professionals.

    Speak with an attorney for further guidance.

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  • Resignation notice period for h1b

    Hi, I am on H1B and resigining 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 ?

    Stuart’s Answer

    As long as you continue to be treated under the terms of the H-1B (required wage being met, same working conditions,. etc.) then I don't know that enforcing such a contract provision explicitly violates the terms of the H-1B.

    The question is whether this contract is enforceable, and this is really more of a contract/employment law question. I'll note the question for that area.

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  • Blanket L1A petition & L2 implications

    Hello Everybody, I am currently in US on Blanket L1B. Visa expired on 15th march 2015 and valid I94 till 20th Oct 2016. My spouse is on L2 with same visa & I94 dates. She has an EAD and currently working. My role has a chang...

    Stuart’s Answer

    You really should be receiving advice from your company's immigration attorney regarding these matters - I do encourage you to seek out immigration advice from an attorney familiar with the specifics of your case.

    Generally speaking, your spouse can remain in the US on her valid I-94 while you go abroad to obtain a new stamp.

    The idea of applying for a visa stamp as a "TCN" (third-country national - someone not a national of the country in which he/she is applying for the stamp) is problematic. Adjudicating the petition is discretionary for that post -they can simply say they won't make a determination, and you need to return to your home country. While getting a second stamp of a type you've received in the past based on the same job/company is normally possible, here your job has changed.

    If your work for the company abroad was within the three years before you entered into the US on the initial L-1, that's sufficient to meet the requirement that you have been employed by the overseas qualifying company for one year out of the last three.

    Again, I recommend seeking legal counsel before moving forward.

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  • D3 waiver

    I have been approved O-1 visa. I couldn't enter the us about two years ago. The reason was the lack of strong connection to my country. Do I need a waiver before I have an interview at us embassy?

    Stuart’s Answer

    No waiver required here, though the prior refusal needs to be disclosed on the DS-160 form when applying for the visa stamp.

    An O-1 doesn't require a showing of ties to the home country to the same extent a visitor visa or even a student visa would.

    Consult an attorney for further guidance on the process.

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  • Transfer of H1B from one company to other.

    I am currently on a cap exempt H1B sponsored by a university. I have a job offer from other university which is willing to sponsor a cap exempt H1B. How does this transfer process work? Will I be able to immediately start working once they make th...

    Stuart’s Answer

    • Selected as best answer

    While you and the new employer should consult an attorney, you are essentially correct.

    Where you are transferring an H-1b from one employer to another while present in the US, and you can show you have been maintaining status, it is possible to begin work for the new employer as soon as USCIS receives the petition requesting the change - you need not ait for approval (this doesn't apply to the transfer of other types of visas, or when you haven't been maintainingH-1B status such that the H-1B can be transferred while you are here in the US - it's a very specific exception to the normal rule).

    Good luck in your new position, and consult an attorney about moving forward.

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  • Immigrant mother applying for 22 year old son

    I am a us citizen and my mother got her green card last year. We have a 22 year old brother (Indian citizen in India) and thinking of applying for his immigration. What is the earliest timeline he can come to us. If my mother applies for him, wh...

    Stuart’s Answer

    I agree with my colleague: this would be Family 2B category, which right now is backlogged by about 6 and a half years for people born in India. He would need to remain unmarried, or the case essentially dies.

    You morther has about four years, sounds like, before she could naturalize. At that point, it may be possible to switch the category of the case to Family 1st preference - right now that's actually even worse, but this could change and should be evaluated at that point.

    Consult an attorney for further guidance.

    You are also correct that should you file, the case will most likely take far too long to be practical - about 12 years backlog right now.

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  • Must the E visa holder continually expand business to keep it?

    Is it possible to maintain the E visa and obtain multiple extensions if the business is employing at least one U.S. citizen employee in addition to providing income for the E visa holder and his family? Does the workforce need to expand?

    Stuart’s Answer

    Whenever you go to renew, the issue of the marginality requirement will be closely examined. Marginality essentially means that the business must not just be profitable (just being barely in the black isn't enough), it must be generating more than enough cash to just support the E visa holder and family.

    If the business is increasing in profitability, it may be sufficient to have only one employee and not grow - if overall sales increases or better productivity produce increasing net profits you may be able to rrenew even without additional staff.

    Examine your specific circumstanced with an attorney directly.

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  • Sponsor didn't file taxes last year

    My sponsor is working now and has paystubs, but no taxes for last year because he didn't work then. Will it be a problem if my sponsor didn't file taxes last year but previous years? My sponsor made enough for the poverty guidelines and are now as...

    Stuart’s Answer

    I suggest addressing this with an attorney.

    Ultimately, they look to the totality of the circumstances. If this person has had the income in the past and has it now (as proven with prior years' tax returns and recent pay statements, this should be sufficient.

    You would need to prove to USCIS that the person wasn't required to file for last year (earned under the income requirement for filing, per IRS documentation) - and expect them to come back and ask for this even if you provide this documentation and an explanation up front. But, you can get past it.

    Otherwise, yes - a joint sponsor might be good insurance if you can easily obtain one. See the link for more info on this.

    And, consult an attorney to get advice specific to your circumstances.

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