Skip to main content
Stuart Jonas Reich
Avvo
Pro

Stuart Reich’s Answers

3,337 total


  • How long the immigration has to provide an answer after interview for petition I 130?

    Had interview in january and still waiting for answer if the petition I 130 was approved or not, or if we have to provide more documents?

    Stuart’s Answer

    I agree with my colleagues - while there is no statutory time in which they are required to respond, after 30 days from interview date an inquiry is definitely in order. You can try an infopass appointment, a letter to the officer who conducted the interview, or both.

    This should be handled by the attorney who handled the case - if you don't have an attorney, this would be a good time to consult one.

    See question 
  • I-485 held for review

    after I-485 interview uscis said they conducting security check how long does this takes ....

    Stuart’s Answer

    Almost impossible to answer, since we don't know what kind of security check (or if this is the real issue).

    Typically, security checks on the foreign national applicant are done right after biometrics (fingerprinting) towards the beginning of the case, and interviews typically aren't scheduled unless this has cleared.

    It isn't clear what would be checked at the post-interview stage, or how long it would take to do this.

    Consult an attorney.

    See question 
  • Post acquisition of a company, is it required to create a new e-verify account or only the profile needs to be updated?

    The company i am currently working for got acquired last october (has a new name now ) and since then they were using the e-verify id under the old company name. I am applying for an OPT STEM extension for which i need this information. The HR adm...

    Stuart’s Answer

    We would need more information to answer this, which should be dealt with at the HR/Corporate legal level. I would question how the acquiring company decided to treat employees of the acquired company, whether the acquiring company has its own separate e-Verify account, etc.

    Someone at the company should consult an attorney about this account.

    See question 
  • How many days do I have to leave country when I quit my job on L1B visa? For new H1B, can I stamp it in Canada?

    I'm an Indian passport holder with L1B valid until 30 Dec 2015. I have applied for H1B in FY16 cycle and awaiting petition approval. I want to quit my current job and take a break before joining my new employer. 1. How many days do I have bef...

    Stuart’s Answer

    These are complex questions, and you need to speak with an immigration lawyer directly - at least some of this should be answered by the attorney handling the H-1B.

    If you leave the L-1 job, you would legally be out of status immediately. While a timely-file request to change/extend/amend status often offers some protection, here the requested start date of your new, cap-subject H-1B wouldn't be before October o1, creating a gap in status and arguably invalidating a request to change status here.

    I generally recommend against going to a third country post for the first stamp of a particular visa type, though in some cases it may be possible. A post that has no jurisdiction over you (by being home country, last place of residence, etc.) has the discretion to handle the application or not - os there's risk in trying.

    While you can get the H-1B stamp long in advance of the start date, you can only enter up to 10 days in advance of the start date. You couldn't reenter on the L if no longer working for that company, and a Visitor visa may prove difficult in these circumstances.

    Speak with an attorney.

    See question 
  • What do I if I have not gotten a decision on my I-751 when it's coming up on a year and am living overseas on government orders?

    I am a CPR and filed I-751 last year. My I-797 expires in July but there has been no decision made. I am living overseas due to government orders. Do I need an extension on my CPR if I am living overseas? If so, where do I get the extension? If ...

    Stuart’s Answer

    You may be able to get a "transportation letter" (sometimes referred to as a "boarding foil") from the US consulate where you are, allowing return to the US. Would necessarily be able to use this as evidence of conditional permanent residence status afte ryour return, but you could then make an Infopass appointment with a local USCIS office to obtain a temporary green card stamp as evidence of ongoing status and to allow further travel (as long as there still has ben no decision on the I-751.

    Not clear form your message whether you have obtained a Reentry permit to preserve your permanent residence status given how long you you may be overseas, but this too is a travel document.

    You need to speak with an attorney about preserving your permanent residence status and about the documentation involved here.

    See question 
  • Graduate studies for H4 Visa

    My wife is on H-4 visa that has been approved and she recently got admitted into a college for her Masters in Environmental engineering. She will not be doing an assistantship or anything but is she allowed to only pursue her masters as a H-4? or ...

    Stuart’s Answer

    She can pursue education on the H-4.

    You note that she won't be engaging in an "assistantship" by which I assume you mean some sort of research assistant/assistant teaching position - this is good and necessary if she remains on the H-4; one of the limitations here is that she doesn't get the benefit of some of the employment opportunities permitted on F-1, such as permissible on-campus work up to 20 hours/week or Conditional/Optional practical training. If these things will be important to her in the future, there may be reason to switch to F-1...however, there are downsides to this as well, especially if you will be pursuing permanent residence through your employer.

    Speak with an attorney to discuss the possibilities and the relative costs and benefits.

    See question 
  • How to know if I-140 is approved when submitted concurrently with I-485?

    All, Can somebody tell me if there is any way to find out if I-140 was approved when it is submitted concurrently with I-485? Is there any rule of thumb, like if it’s denied, notification comes back in x amount of time? Thanks!

    Stuart’s Answer

    As my colleague noted, this would really be your employer's petition - unless they share the case number with you, no way to check online (but you can if they will provide you with the Receipt Notice r at least the number it contains).

    the timing depends on the nature/basis of the application.

    See question 
  • Changing lawyers (from company one to personal lawyer) once I-140/I-485 submitted concurrently

    After I-140 and I-485 are submitted concurrently, is there any way I can severe ties with my company’s lawyer and take care of the rest of the process with my own lawyer? Is there a case number or anything that the company lawyer can hand me so I ...

    Stuart’s Answer

    A new attorney can try submitting new G-28 notice of entry of appearance as attorney forms for the I-485 as well as any ancillary employment/travel authorization applications, along with copies of the Receipt Notices that would come to your home address 10-14 days after filing; this may or may not work to change the attorney of record 9it should, but tough to get them to record these changes).

    the I-140 is really your employer's application as petitioner, and it's your employer's choice who gets to be attorney on that case.

    the question is, what benefit does this give? Once filed, the bulk of the work is done - absent a request for evidence on the I-485 or work/travel applications, there's a little a new attorney could do on the new case.

    If you have concerns, may be best to first set up a consultation to speak with a separate lawyer directly.

    See question 
  • I94 extension process while L1B visa is expired

    Hi, Can we extend I94 without L1B visa extension. As of Feb 2016,I would be completing only around 3.9 years out of my total 5 years of L1B period.Considering my total physical stay in US from 2012 onwards,I have a remaining of 15 months...

    Stuart’s Answer

    Speak with a lawyer to clarify the issues here.

    When you say your L-1B expired as of March 2014, are you referring merely to the passport stamp? And you have an unexpired approval notice with an I-94 through February 2016? An I-94 with that expiration date granted at your last entry into the US?

    In all likelihood, you should be able to get the remaining time - but I suggest you clarify some of this by speaking with an attorney directly to make sure you have applicable advice.

    See question 
  • I have a L1 work visa and just got divorced from my wife that has a L2. is there any grace period for her to return to Mex.

    I have a L1 work visa and just got divorced from my wife that has a L2. is there any grace period for her to return to Mex. from where we are from? the I-94 due date is Nov this year. Is this document still valid until Nov or it is expired since t...

    Stuart’s Answer

    Your ex should consult an immigration attorney.

    Technically, it becomes invalid from the time you are divorced. that said, until expiration of the I-94 she isn't accruing unlawful presence in the US even if she is without valid immigration status (important for certain reentry bars she may be subject to later).

    See question