Skip to main content
Stuart Jonas Reich

Stuart Reich’s Answers

3,415 total

  • How long should my employer wait before filing a L1A petition for me? I have been outside the US to satisy the 6 year rule.

    I was in H1B visa from Nov 2008 to Nov 2010. I left the country on Nov 10, 2014. Should my employer wait till Nov 10, 2015 to file a L1A petition for me?

    Stuart’s Answer

    To be eligible for a new period of H-1B or L-1 status having used up the original time allotted, you must be outside the US for a full, 365 day year -so at the least the filing shouldn't be earlier than November 11 of this year. IF you came to the US as a visitor at any point during the last year, add the number of days spent here to that November 11 date before filing - they don't count towards your one year abroad.

    On top of this, you'll need to document a full year working for the overseas related company for the L-1 - so you also need to look to the period of employment in a qualifying status (executive/manage ror specialized knowledge) before filing.

    Seek an attorney's advice before moving forward.

    See question 
  • Hi I applied for H1b thid year but din't receive receipt notice of mine still.

    , I received my daughter receipt notice saying showing she is in H4 status and also what ever check my employer has sent with my application had been deducted but I don't receive my receipt notice. So when we check with uscis later they asked us ...

    Stuart’s Answer

    The attorney handling the case for your employer should be dealing with this. Both attorney and employer should receive a copy of the Receipt Notice - did neither receive a copy?

    You say that they cashed the processing fee check - if your employer can view this cancelled check in online banking, the cancellation on the reverse side will normally contain the case number on the last tline - this is worth checking.

    Also, should your employer or their attorney call the 800 customer service line and use the Receipt Number for the H-4 case, the agent may be able to tell the case number of the primary H-1B case "linked" to it in the computer system.

    Speak with an attorney...

    See question 
  • Travel Documents and visa for costa rica

    I am granted asylum - I got my travel documents and I am traveling to Costa rica though work. I will need a visa do I get the visa stamp in my travel document? or in my passport?

    Stuart’s Answer

    As my colleague notes, traveling to the country you were granted asylum FROM is a very bad idea.

    I'm assuming you are referring to a refugee travel document here - as long as Costa Rica isn't the country from which you sought asylum, no additional visa stamp is needed form the consulate there before returning.
    Consult an attorney.

    See question 
  • My sponsors tax returns

    What happens is my sponsors taxes wasn't enough for the financial requirements for one year? My sponsor worked part-time for a year but the following year my sponsor worked full time and the taxes will show that. Will it be a problem that for...

    Stuart’s Answer

    I agree with my colleagues - most recent year is what matters most.

    That said, they will often look at "totality of the circumstances" - so being able to document current and ongoing income is critical. the returns should be supplemented by recent evidence of ongoing income at time of filing (letter from employer confirming job/title/length of employment/salary, pay statements).

    If this is insufficient, look to other options such as a joint sponsor (see link), adding your own income if here and working legally, or sponsor's assets in lieu of income.

    speak with an attorney for further guidance.

    See question 
  • Will my h1b get approved ?

    My client was not providing End client letter to anyone in the team. So i didnt get it. ------------------------------------------------------- The documents that I gave are: 1. Business Relationship manager letter. ...

    Stuart’s Answer

    I would hope you have an attorney handling this - what does that attorney say?

    This definitely requires a full discussion - without seeing the actual materials submitted, there's really no way to predict outcome here - particularly on the control issue.

    With regard to the specialty occupation issue/relevance of degree (because you are asking the question, I'm assuming that the JOB isn't mechanical engineering but rather computer-related, or this wouldn't be so much of an issue), this revolves around the justification and argument provided in the response letter and what evidence can be p[resented that your specific coursework is relevant to the job duties.

    Speak with an attorney - preferably the one handling this, but you can always get a second opinion as well.

    See question 
  • H1B rejected in 2005

    Now i want to apply for H1B visa again from chennai US consulate, what is chance of getting visa approved. How many year they will keep my preivous visa document which filed in 2005. because i completely changed my expereince and worked in man...

    Stuart’s Answer

    You desperately need to speak with an attorney directly on this. Far more information is needed to advise you.

    It's unclear whether your H-1B was denied by ?USCIS or approved by USCIS and then a stamp was denied at the consulate. It is highly likely you would again be subject to the cap again, and unclear whether you have a new sponsor lined up for this or even a continuing offer of a position from the original sponsor.

    Speak with an attorney.

    See question 
  • Immigration

    Immigration form I-130 requires G-325A form to be accompanied for both petitioner and his spouse. In G-325A form it asks for applicant's address etc. Since both petitioner and his spouse need to have their own G-325A form, is the USCIS considering...

    Stuart’s Answer

    Addresses on each should be for the person named/signing. For an I-130 there really is no "applicant" - there is the petitioner (the US citizen or permanent resident filing for someone) and a beneficiary (the person being filed for).

    USCIS forms are often confusingly worded, hence the need for attorney guidance. Speak with an attorney for further guidance on your case.

    See question 
  • I need to show 35000 for my parents affidavit of support and iam lacking 12000 what to do???

    My wife and son is dependent on me and iam applying for my parents adjustment of status i need to show 35000 but iam lacking 12000 my sister ask a lawyer he said she can send me 12000 from another country into my bank account and i can show that a...

    Stuart’s Answer

    You need to speak with an attorney yourself.

    I agree you are right to be concerned by this "trick" - first, it's fraud and could get you in very serious trouble as well as having your parents' cases denied.

    Second, it shows additional assets but not income - not clear which you are using/which you are "short of."

    Third, there are other ways to deal with this such as a joint affidavit from someone else (perhaps you have a brother or sister or other relative or friend of the family living in the US as a citizen or permanent resident who can supply a joint affidavit of support - see link to legal guide on this).

    Speak with an attorney for further options.

    See question 
  • Conditional green card

    How long can i stay out of U.S if i had conditional green card ? Will it effecting me for getting 10 years green card?

    Stuart’s Answer

    I agree with my colleagues -you need to speak with an immigration attorney before leaving.

    The rules are the same for conditional as for unconditional permanent residence -you risk abandonment if you don't maintain sufficiently strong ties to the US, and while not the only indicator of US ties physical presence in the country is one of the strongest/most looked to.

    Depending upon the amount of time spent abroad, you may wish to obtain a reentry permit before leaving. there are also implications for later naturalization eligibility you should address with an attorney before leaving.

    Speak with a lawyer before making any decisions.

    See question 
  • How can I get access to or obtain a copy of a person´s past USA immigration history?

    I am trying to help a person who wants me to help fill out a tourist visa application. But this person does not remember all of the details of his entrances and leaving from US to Mexico. He does admit to some traffic violations and working in th...

    Stuart’s Answer

    • Selected as best answer

    A Freedom of Information Act (FOIA) request to Customs and Border Enforcement, as my colleague notes, should get information about immigration history. These often take time to come through, however.

    One possible shortcut is to bring up the person's most recent I-94 in the online I-94 system here: - there is a button for "Travel History," though this will normally only o back a few years -since this electronic system was only put in place a few years back.

    With regard to any criminal history, you can obtain a "rap sheet" form the FBI by following the instructions here:, though this may not bring up traffic tickets. Unauthorized employment won't be recorded anywhere criminally, but needs to be honestly disclosed on any forms.

    I think you and your friend should consult an attorney for further guidance.

    See question