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Stuart Jonas Reich
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Stuart Reich’s Answers

3,337 total


  • As PERM is filed by an employer, how much can I expect to to pay for the rest of my EB-2 green card application if paying myself

    Given employer files for PERM and I pay for the rest myself

    Stuart’s Answer

    In addition to my colleague's very correct statement that there are ethical issues with discussing fee online, an attorney would actually need to know something about your case beyond what you've said here to even quote a fee.

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  • Need advice on H1B RFE about CPT

    Hello everyone, thank you for answering all kinds of questions relating to the H1b as well as F1 visa. I have applied for my H1B this year and got picked up in the lottery this year. I have also received an RFE regarding my second master’s school ...

    Stuart’s Answer

    Perfectly acceptable to get a second opinion, but the only valid way to do this is to schedule a consultation appointment with another attorney, providing a full copy of the RFE itself for review.

    You've told us that you have an RFE, and told us a little about your situation - but it isn't clear what the RFE is actually asking/is about. This needs to be reviewed by an attorney and may lead to additional questions about your situation beyond what you've told us here.

    Speak with an attorney directly.

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  • H1b transfer US consulate interview

    Hi, I have a valid h1b visa stamped with company A. Luckily my existing company offered me a better position and so I applied for a h1b transfer and it got approved. I am currently in India and has not entered the USA till date. Do I have to ...

    Stuart’s Answer

    Have you discussed this with your company attorney? You should.

    It isn't clear how long your current passport stamp is valid, or how exactly the new H-1b was approved (you say the "H-1B transfer got approved" but not clear if you mean approved as an amendment to status, with a new I-94 at the bottom).

    An unexpired H-1B stamp and a new, valid approval amending status in the US would normally allow you to reenter without needing to get a new stamp (though we'll often see only the period of validity of the old stamp given upon admission).

    Consult an attorney directly for advice on the specifics of your situation.

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  • Can L2 EAD be extended based on extended I94?

    I am on L1B valid till 8/10/2015 and I94 valid till 8/10/2017. My husband is on L2 EAD which is expiring on 8/10/2015. Can his EAD be extended and he can work till extended I94 which is till 8/10/2017

    Stuart’s Answer

    I agreee with m colleague - with an extended L-2, your spouse can apply for an extended EAD up until the date of the new L-2 expiration.

    However, the rules that apply to nonimmigrant visas like L-1s and H-1Bs that let you remain/keep working for a certain period as long as the extension request was filed in time don't apply to the EAD - the new EAD must be approved and the card in-hand to continue working. This ofter results in gaps in employment authorization.

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  • Will my permanent resident card process will be affected by an outstanding warrant??

    Ten years ago i had ticket to court because an open container at Orchard Beach in New York City I never went to court as I was just visiting the country with no plans on staying. Few years ago i got married in New Jersey and got my provisional r...

    Stuart’s Answer

    Couldn't agree more with my colleague, Mr. Glicksman. You need to deal with this, and you'll consult attorneys (both immigration and criminal).

    It may be possible to deal with the warrant - perhaps even easily - depending on the reasons behind it. But, your case couldn't move forward without this being dealt with.

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  • Conditional GC Removal Notice from USCIS

    I got my green card via marriage. and its Conditional. Do we get notice from USCIS reminding us that our conditional GC is going to expire on xxx Date . Please renew it. My friend said you should get it but I did not get anything from USCIS. M...

    Stuart’s Answer

    The otice is just a courtesy form USCIS - it doesn't impact the obligation to remove conditions - you need to do this either way, and it doesn't matter either way whether you got this notice for purposes of the filing.

    My colleague correctly pointed out, though, that it may mean your correct address isn't on file with USCIS - something worth checking into.

    Consult an attorney on the I-751 filing.

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  • Filing H4 visa with previous greater than 365 days overstay

    We recently got married in April/2015. While filling DS-160 form and going through her old passport, I felt she had history of overstay >365 days. she willingly went back to India in 2006 Oct.(previous H4 expiring on Dec/2004) want to know what sh...

    Stuart’s Answer

    You need to speak with an attorney directly on this.

    First, we would want to analyze the exact length of any overstay by examining admission documents form the last stay and the entry/exit stamps.

    Next, we would want to see if any actual overstay time in fact constitutes the unlawful presence which would trigger a reentry bar. Not all overstay time is necessarily unlawful presence time.

    If there is in fact a ten-year reentry bar, then we would want to analyze the likelihood of success of a potential (d)(3) waiver.

    this requires a thorough analysis, and you should speak with an attorney for further guidance.

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  • Can my brother apply for I-765 employment authorization with approved I-130 petition if an immigrant visa is not available yet?

    My brother is in USA on a student F-1 visa and got his I-130 petition approved through his mother. We are waiting for the the priority date become available on the visa bulletin. Meanwhile, can my brother apply for I-765 employment authorization?

    Stuart’s Answer

    My question would be, what would be the basis for the I-765 application? You can only apply if you have some basis for applying. It wouldn't be having an Adjustment of status case pending, because no Adjustment case could be filed until the priority date became current on the case that your brother's mother filed for him.

    He can still get an employment authorization approved as Optional Practical Training after graduation if he otherwise qualifies.

    I agree with my colleague that non-immigrant intent would be an issue should the F-1 visa stamp need to be renewed.

    Consult an attorney directly for further guidance.

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  • Travel to US on visitor visa after F1 was refused

    Is it safe to travel to the US on a valid visitor visa since my F1 visa was refused recently?

    Stuart’s Answer

    You need to consult an attorney before trying this concerning the reasons why your F-1 was refused.

    Many of the same grounds for denial in the F-1 context would apply equally to the Visitor visa. Above all, you should NOT try to hide or fail disclose the denial of the student visa from immigration officials.

    Speak with an attorney.

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  • Returned on an SB-1 last yr. and leaving country with valid greencard and return ticket for 1 month. Will this be a problem?

    In question.

    Stuart’s Answer

    Shouldn't be, since it appears that you've now reestablished residence here over the past year (based upon the info in your question), and will not be gone long enough to bring this into serious question.

    Speak with an attorney directly for guidance specific to your case.

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