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Stuart Jonas Reich
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Stuart Reich’s Answers

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  • Pre-conceived intent

    I came to the US with a B1/B2 visa with my then USC boyfriend of 3 years (now husband) in Dec. 2014. We initially planned to stay for 1-2 mos. I was still working for a foreign employer then but resigned effective. Feb. 2015 as we decided in Jan. ...

    Stuart’s Answer

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    You really need to speak with an immigration attorney directly for advice on your case - to be honest, really should have done so early on, before deciding on a course of action/getting married/filing a petition.

    On these facts, it probably isn't likely that you will have a preconceived intent issue. you didn't get married or file for permanent residence within 60 days of entry, and unless there is evidence out there from December-February of plans to marry/stay here that USCIS could easily locate/might be brought to their attention, little would suggest preconceived intent here.

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  • Is the expiring soon stay in the USA considered as a base for expedite request sent to U.S.C.I.S.

    Is the expiring soon stay in the USA considered a base for expedite request sent to U.S.C.I.S. for processing a delayed submitted application/petiotion

    Stuart’s Answer

    As my colleagues not, no it isn't.

    there may be other ways to expedite your case through payment of additional fees, depending upon the type of matter. Normally, a timely-filed request for extension or change of status (timely-filed meaning received by immigration before the expiration of your current status) will protect you as far as remaining in the US while the new application or petition remains pending, up to a certain length of time. It doesn't always permit continued employment or study past the expiration date, however.

    Speak with an attorney for further guidance.

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  • Foreign Passport renewal and just submitted AOS application

    My foreign passport will expire in mid-Oct. and I submitted my application for AOS in early August. If I don't have my passport renewed, will there be issues with my AOS application? Thanks!

    Stuart’s Answer

    You don't mention the basis for your AoS, so not clear whether you will be scheduled for an actual interview or how long the overall application is likely to take.

    Generally, you need a passport valid for at least six months into the future at the time almost any immigration benefit is approved. If interviewed/sent a request for evidence and a passport valid for six months into the future is requested, you would ordinarily have some time to respond with this.

    but, I would absolutely proceed with a passport renewal application through your home country consulate as soon as possible - you should plan on needing this.

    Speak with an attorney for further guidance.

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  • H1B visa requirements

    I dont have a bachelor's degree, but I have 15 years of experience in hospitality and luxury retail, but if some 5 star hotel is willing to offer me job and sponsor me,is it possible for me to get H1B visa, i have just done my high school, i was t...

    Stuart’s Answer

    You need to consult an immigration attorney directly for advice directly relevant to your case.

    Generally, three years of work experience is viewed as the equivalent of one year of Bachelor's-level education - so you may be able to get an evaluation saying that 12 years of your experience is the equivalent of a four-year bachelor's in a specific field.

    But, that alone doesn't guarantee H-1B eligibility - you would need to have a job offer/sponsoring employer where the job requires at least a bachelor's degree in that specific field. Not all jobs in hospitality necessarily qualify - this should be examined with an attorney.

    If applying for the first time, you would need to apply next April - and if selected in the lottery for an available H-1b and approved, the visa would start October 1, 2016. Absent a cap-exempt employer, no new H-1b would be available before then.

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  • Questions related to residence history on N400 (citizenship) application ?

    How accurate do these previous residence addresses need to be. Every time I moved, I made sure my lease overlaps for about 10 days (between old and new house) and I gradually shift. Can I use any one of these 10 days as the transition date. Als...

    Stuart’s Answer

    Well, not filing the AR-11 certainly isn't a good thing, and you should consult an attorney for guidance specific to your case. Make sure you have completed an AR-11 for your present address, even if late. Always better to file this late than not at all.

    This said, I haven't seen a client run into problems yet with naturalization for failure to complete all AR-11s timely. Doesn't make it right, and this could change in the future - just that to date I haven't seen it arise as an issue.

    As for dates of residence, try to be as accurate as possible, using the date you actually moved (first night sleeping in new place is a good guideline). There are times when it is simply not possible to dertemrine the exact date for a residence- or employment transition; you simply need to make a good faith best-estimate (my answer might be different for something like employment-based permanent residence petitions, where exact length of experience is often directly relevant to eligibility for the benefit and so precision is required).

    Consult an attorney.

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  • Do we need to provide extra documentation regarding traffic citations when sending N400 application ?

    I've had 2 traffic citations in the past. Neither involved arrest or DUI. In each case I had to pay a fine of around $350 and they resulted in 1 - 2 points on my driving record. When sending the N400 application, Do I need to send any cou...

    Stuart’s Answer

    You absolutely need to disclose this on the form. You were "cited" - so a simple "yes" to this is in order, though you can and should explain.

    Even if actual documentation of the citations/fines paid is not submitted with the application, it will be requested at time of your naturalization interview - so it makes sense to at least begin the process of assembling these materials.

    speak with an attorney directly for further guidance.

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  • My H1B visa expiring on 31st Dec 2015, my Passport is expiring on 16th April 2016. can i extend H1B with out PP renewal

    -If i extend H1B visa with out Pass Port, what to do after 16th April 2016 to stay in USA ? -If i extend H1B visa with out Pass Port, will it impact my H1B Visa extension/Extension validity

    Stuart’s Answer

    You are generally required to a have a passport valid for six months into the future when applying for an immigration benefit. If you can apply for a passport extension through your home country consulate here, it's a good idea to do that as soon as they permit you to.

    One possibility, if the extended passport isn't through in time, may be to apply anyway - by the time you get an inquiry demanding a passport valid for a longer time, the new passport may come through.

    Since you don't need to actually obtain a stamp in your passport for the new extension until the next time you travel abroad (assuming it is granted as an extension of status, with new I-9 at the bottom of the approval notice), you may well have the new passport by the time you need to go abroad and so get the stamp.

    Consult an attorney for further guidance.

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  • If my fiance came to USA with K1 but we did not have time to apply for a green card. Can I support him again for K3 visa?

    If my fiance came to USA with K1 but we did not have time to apply for a green card because he got a job outside the country and has to leave. Can I support him again for K3 visa? Will I have any problem with that?

    Stuart’s Answer

    Several isues here, and you really need to discuss with an attorney directly. Does it even make sense to apply for a green card if he is living/working abroad? Even if obtained, he may have trouble keeping it.

    If even worth doing, an analysis of timelines should be made to see if - assuming you apply for permanent residence and go the consular processing route - it makes any sense to try for a K-3 (it often doesn't; he may not end up getting here very much earlier, given the time and expense involved).

    Speak with an attorney about the specifics of your case.

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  • When is an H1B petition considered counted against lottery

    When is an H1B petition considered counted against lottery so another employer may file a new H1B petition which is exempt from the lottery , Is it when it is picked up in the lottery and you get the receipt number or not until USCIS approves the ...

    Stuart’s Answer

    Upon approval - mere selection in the lottery by itself is insufficient.

    In theory, at this point it can be used to transfer to a new employer, even if the foreign national has never begun work for that employer under the H-1B (though USCIS may question whether there was ever a bona fide job offer if this is the case).

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  • Under what condition do I need to get a stamp of my new H1B for AOS from L1B?

    I have recently got an H1B approval to begin from 01 Oct 2015 however my firm told me to get a stamp back in my home country. My current L1B and I-94 both expire on 31 Dec 2015. Can my AOS be filed without leaving the US or is it dependent on the ...

    Stuart’s Answer

    You need to speak with the attorney who filed the petition, and find out if this was filed/approved as a Chane of Status while here. If it was approved that way (the Approval would have a new I-94 printed at the bottom), you automatically become an H-1b visa holder on October 1 - you don't need to leave and get a stamp abroad unless you are otherwise traveling abroad.

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