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Stuart Jonas Reich
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Stuart Reich’s Answers

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  • I Have Full time H1 B with one employer, I did part time H1 b with another employer.

    I-797 C ( Petition notice) and its is under process, that means I didn't get confirmation (1-797 A) yet. Can I start work with part time employer with out confirmation?

    Stuart’s Answer

    First, almost all USCIS notifications (Receipt Notices AND Approvals are issued on form I-797. I-797A is an original, I-797C is a courtesy copy for the employer. A and C don't have to do with receipt vs. approval.

    This said, this isn't an amendment/change of employer situation where you can begin work as soon as USCIS receives the filing. unfortunately, you do need to wait for an actual approval here to begin work.

    Speak with an attorney for further guidance.

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  • Will I be able to get J-1 status again?

    Hello. I was on J-1 research scholar status for the past 2 years and was not subject to 212(e). Then, I changed my status to F-1 to pursue an academic degree to improve my CV. The university program (F-1) will take 2 years. However, my ultimate go...

    Stuart’s Answer

    You may want to address your question to the foreign student advisers at some of the residency programs, or to an attorney directly.

    Generally, you can do a new, different J-1 but it must be with a different program sponsor and in a different category than the first J-1. It doesn't sound like either of these thing would likely be a problem here, but again consult a professional..

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  • Can I be an advisor to a startup while on H1b visa, the advisor role does not involve any equity or salary

    The role is more around guidance and technology roadmap and does not involve any equity or salary. At the most it might involve my name being listed on their website as advisor

    Stuart’s Answer

    You need to speak with an attorney here.

    unauthorized employment isn't defined by getting paid, but rather by doing work under the direction/control of the US entity which benefits the US entity. If advising, you are still working for the company for purposes of unauthorized employment - a problem for your current H-1B and for the company you are advising.

    You may be eligible for a second, likely part-time "concurrent" H-1B for this company (though they need to pay you the required wage for your work for them). So, there is a way to do this.

    Seek further guidance from an attorney.

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  • Does waiver application kill my J-1 status?

    I am applying for J-1 waiver of 2 year HRR. My concerns 1. Will my J-1 status is gone when I file for the waiver? 2. I know if I get the waiver approval I can not extend my DS-2019 further, what if I get denied? (can ...

    Stuart’s Answer

    I do think it's advisable to speak with an immigration attorney directly to obtain the answers you need - if an attorney is assisting you with the waiver, you should pose there questions to that attorney.

    Generally, obtaining the waiver does not invalidate existing J-1 status - but it allows you to change from that status to any (not just some) non-immigrant status types or obtain permanent residence.

    Denial of the waiver in itself, shouldn't prevent extension...but there may be other factors that do.

    Speak with an attorney for advice specific to your situation.

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  • Do you think a large age difference would affect a K1 visa?

    My finance is several years younger than me and I am concerned that this will be an issue for the K1 visa (I'm female in the US/he is male in India). It doesn't appear to us or close friends and family that there is an age difference between us. W...

    Stuart’s Answer

    It's a consideration, but not fatal to the case. Yes, it may raise red flags to those officers reviewing the case at USCIS or the consulate at time of interview.

    However, if there is a credible story for how you met and the basis for the development of a relationship between the two of you (as it sounds like there is), and your fiance can articulate this clearly at interview, I see no reason why this shouldn't be approvable.

    Speak with a lawyer directly for further guidance.

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  • Hi. Before I got married I had student visaF1. Now I am getting divorce after 1yr bc my husband cheated. Whats my options now?

    My name is Mariana. Thank you for reading my question. I had f1 visa, stopped going to school and lost status, been married for a year and a half and now I m divorcing bc my husband wants to marry a mother of his child he got after we got married....

    Stuart’s Answer

    I suggest speaking with an attorney to figure out your next steps.

    If nothing was ever filed, there won't really be any additional damage (at least from an immigration perspective) coming out of the marriage/its end.

    But, if you do want to remain in the US, you need to look into ways to do so with an attorney. The fact of your admission in F-1 status may make certain things possible that wouldn't otherwise be in terms of repairing your immigration status.

    Speak with an attorney.

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  • My husband and i are applying for a green card based on marriage.

    Im US citizen and he is not. Last year he was cut shoplifting in NC. He plead guilty and got a 1 year probation with a charge dismissed after the completion. Does his conviction means he is inadmissible and will we need to file extreme hardship wa...

    Stuart’s Answer

    While it's likely this can be overcome, you really need to speak with an attorney to figure out how. We just need more info than what's here - how your husband entered the US, statute under which he plead guilty, nature of the events involved, etc.

    Speak with an attorney directly for an evaluation of the situation...

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  • Can my wife apply for Visitor Visa after I filled for her F2A?

    I am permanent resident, I got married last year and I filled for her GC last year under F2A India. My question is, is it safe to for her to apply for US visitor visa? She is a dentist in India and she want to come here to take the KAPLA...

    Stuart’s Answer

    I agree with my colleagues - she will need to convince CBP at entry of her intent to remain only temporarily for a specific, permissible visitor purpose and then return home. Tough, though not impossible to do with proof of ongoing job, residence, etc.

    As to the question of whether it could damage the green card case, unlikely as long as she is honest in all disclosures and pleasant with the officers. Allowing her to withdraw her application for entry won't cause a problem. they could in theory go through a process called "expedited removal" - a sort of mini-deportation with a five-year bar to returning, but unlikely is she doesn't lie/they don't consider her difficult.

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  • I am a Canadian Citizen, my husband is an American Citizen. Am I allowed to visit the US with a pending i-130 application?

    Will I be denied entry at the border? Will this affect our immigration application?

    Stuart’s Answer

    Nothing explicitly prohibits this, but at the time of entry US immigration officials need to be convinced of your intent to only visit for that particular trip, and to return to your home abroad after a short stay. Proof of ongoing employment, residence, etc. may be helpful in proving this.

    Speak with an attorney for further guidance.

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  • Options after H1B amendment is denied

    If I have joined the new company as permanent employee after approved H1B transfer and due to some issues new company want me to join another client at different location. It files amendment on first day of my joining. However, in case amendment...

    Stuart’s Answer

    This should be addressed by you and the company with their attorneys handling the extension.

    If in status under the petition with which you joined the company, and this is still unexpired at the time an amendment is denied, then you would normally still be in status on that original petition. Of course, if the amendment brings to light something fraudulent or incorrect about that original petition, the answer may be different.

    They can also normally re-file, but would need to disclose denial of the earlier amendment.

    Yes, you can file form abroad using the current cap selection even in the event of denial, as long as the last H-1b was filed within the last six years.

    Speak with an attorney.

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