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Stuart Jonas Reich
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Stuart Reich’s Answers

3,357 total


  • Amendment Petition (Nun Pro Tunic) approved for consular processing

    My Amendment petition was approved as consulate . On the same day, I got laid off. However, I have a potential employer/job offer. I am going to India soon 1. Can my potential employer file for a new petition when I am in India? 2. Is my new emp...

    Stuart’s Answer

    I agree with my colleague - there are far too many complex issues here to be able to give you a brief answer based on the information presented with any hope of being accurate.

    It isn't clear what I-94 controls, and therefore whether you have in fact accrued unlawful presence. A lawyer would need to take a chronology of what happened and when, review documents, and likely ask a few follow-up questions to determine whether you are subject to a reentry bar and so whether you would require a waiver in order to get a visa. The answers to at least some of your questions depend upon this determination.

    Speak with an attorney directly.

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  • What is the consequences of withdrawal citizenship request before fingerprint?Dose it have negative effects on the next applying

    I committed a crime but the court is not set yet. After getting some advise from lawyers,I decided to withdraw my application before fingerprint, but I don't know what's going to happened when I want to apply for citizenship next time.

    Stuart’s Answer

    I agree with my colleagues - you can of course apply at a later time, and while you certainly wouldn't hide the earlier filing the fact of the withdrawn filing in itself won't hurt you.

    The substance of the offense and any conviction, of course, may be an issue and will certainly need to be disclosed. It sounds like you have consulted counsel, which is a wise move. Hopefully, they discussed the concept of rehabilitation.

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  • Can I have 2 kinds of visa at the same time: F1 and H1b?

    I am a full-time foreign student taking classes at weekend and night currently with an F1 visa. There is a company like to hire me to work Monday to Friday, can they file H1B application for me?(I used to have H1B one time for around 1 and half ye...

    Stuart’s Answer

    I agree with my colleagues - you can be approved for multiple visas at a time, and have multiple visa stamps in your passport for different visa types, but you can only be present in the US in one visa status at a time.

    You can enter on the F-1 and study, but not be able to work for the H-1B employer for the time you are here. If you change status to H-1B, you would no longer be on the F-1 (the H-1B allows study while you are here, but you wouldn't get other benefits of the F-1 like the ability to work on campus or get curricular or optional practical training).

    If you do get multiple approvals/multiple passport stamps, you do need to be very careful upon entry to clearly represent the purpose of that particular trip and ensure you get admitted in the right visa status.

    Side note: while you can't be here in more than one visa status at a time, you can in some cases hold more than one of the SAME visa concurrently - you can have concurrent H-1Bs for two different jobs, or concurrent E-2 treaty investor visas to start two different businesses (though you would need to qualify for each independently on the merits).

    Consult an attorney for further guidance.

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  • Affidavit of support

    I was asked to fill out an affidavit of support (as a co-signer) for one of my relatives against my will deceptively. Now I found out that beneficiary, upon arrival, is planning to apply for public assistance etc. I do understand that cost of a...

    Stuart’s Answer

    • Selected as best answer

    I agree with my colleague - this can only be withdrawn BEFORE the person gets the immigrant visa.

    You may wish to write to both the National Visa Center and consulate withdrawing the affidavit, though it's often difficult to get their attention. Include any information you have about the person's case number and/or A number, and keep a copy of your letters as well as evidence of tracking/receipt (send FedEx or certified mail).

    If it can't be withdrawn before the person is/has been issued an immigrant visa in relaince on this, see the linked legal guide for when the obligation is removed otherwise.

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  • Visa status change

    hi can a person who overstayed on a bi visa change it to an employer based green card and how

    Stuart’s Answer

    Depending on how long the person has overstayed, this can be extremely problematic.

    An employer can certainly petition for the person, but the question is how the person will get the green card after approval of the employer's petition. In most cases, an overstay can't "adjust" (simply switch to) a green card while here in the US. After a certain period of overstay (where the person has built up enough "unlawful presence" time), the act of leaving to process through the consulate in your home country incurs a long bar to coming back.

    There may be waivers available for these bars based on family relationships - but if those family relationships exist they may present better ways of getting the green card than through an employer.

    Speak with an attorney for further guidance on this.

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  • Regarding OPT

    My OPT got denied on May 19th 2015. Didn't receive OPT denial letter yet.Checked status online. I graduated on May 13th 2015. How long can i legally stay in USA ?Planning to convert to H4 .Once i apply for F1 to H4 conversion and the form reaches...

    Stuart’s Answer

    I agree with my colleague. You have a 60 day grace period from the end date of your program, and as long as you "timely file" (file before the end of that period) to change to H-4, you can remain while that application is pending.

    Consult an attorney both about the change of status application to H-4, and about the OPT denial once received.

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  • Renew f1 visa after falling out of status

    my name is Lilia. i m 22 years old and i used to go to Santa Barbara city college. i was very close to my Advisor Annette Boatman. She seemed friendly. i even told her about my life, m and about my anxiety. i 've been going to a psychiatric for my...

    Stuart’s Answer

    I agree with my colleague - this should be possible as long as you can document what happened/the reason for falling out of status.

    Consult an attorney and the school concerning how best to approach this.

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  • Premium Processing for H1B Extension of Stay

    USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions If we filed the case on May 20th, is there any chance that the petition will be worked out under Premium Processing

    Stuart’s Answer

    According to USCIS' most recent statement, the case would still be handled as Premium Processing if properly received BEFORE the 26th.

    Consult an attorney for further guidance.

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  • Issues with i-485 application and employment authorisation

    My wife filed for i-130 for me and i included an application for i-485 and Employment authorisation in march 2015. I received an apointment for biometrics on april 2015 and just received another appointment for interview scheduled for june 20...

    Stuart’s Answer

    I agree with my colleague - 90 days or even a little linger seems typical for EAD approvals in this context. I wouldn't expect the EAD to come through until some time next month (or perhaps not be issued if you are approved for permanent residence before the employment authorization application is adjudicated). You interview has been scheduled relatively early, which is fortunate.

    Speak with an attorney for further guidance.

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  • Hi..I am a H-4 visa holder. Am I be eligible to enrol for Louisiana's alternate teaching certification programs. Please guide

    Hi . I have a Bachelor of engineering(computer science ) degree from overseas and am a Louisiana resident with a H-4 spouse visa. I am interested in doing the alternate teaching certification program to become a teacher. Can you please advice if...

    Stuart’s Answer

    This depends on the state statute for this program and on what's involved in the program.

    The question of whether the program permits is is one of Louisiana state education law, rather than immigration. A Louisiana attorney familiar with the education law should advise you on this.

    You can engage in coursework while on the H-4. But if the program requires student teaching work, it would be problematic to accomplish this on the H-4 from an immigration standpoint. You should consult an immigration lawyer, bringing/supplying information on what exactly the program in question requires.

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