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Stuart Jonas Reich
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Stuart Reich’s Answers

3,324 total


  • What are the chances of getting B1/B2 VISA / ESTA approved after I130 petition for alient relative approval.

    Hi, My BI/B2 has been rejected twice on Indian Passport. I had applied for I130 petition for alient relative in 2010 and my case has been approved in 2015 .The VISA bulletin suggest another wait time for atleast 10 years.In the meantime, my natio...

    Stuart’s Answer

    While you should speak with a lawyer directly for guidance more specific to your case, I wouldn't suggest that your chances of getting the B-1/B-2 at this point are good.

    Obviously, you would need to disclose the prior denials. The fact of your UK citizenship wouldn't necessarily solve the question of whether you have the required non-immigrant intent - in fact, having an immigrant visa petition pending or approved tends to demonstrate that you ultimately have the desire to remain in the US.

    Speak with a lawyer to see if there's anything that can be done here.

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  • Can I use a different passport to go in and out of the country than what I applied for my green card with?

    I applied for my green card with my Venezuelan passport but it is now expired. Could I use my valid Italian passport instead?

    Stuart’s Answer

    The bigger questions is HOW you would be coming in and out of the country (as well as what is the basis for the green card case and at what stage is the process).

    This gets complicates - speak with an attorney directly.

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  • H1B visa for person in removal proceeding with a pending asylum.

    Can someone be issued an H1B visa in this situation ? Was out of status , filed a defensive asylum in immigration court , and it is pending and now filed an H1B . Will the H1B be adjudicated or in this case should one file a visa waiver ? Th...

    Stuart’s Answer

    Complicated, and hopefully you have discussed with a qualified attorney.

    Assuming the H-1B is selected in the lottery and is otherwise approvable, there are two components here: approval of the H-1b itself, and approval of a change of status.

    Not sure what happened before you got to immigration court, but very likely - even if the H-1B is approvable on the merits - you can't be approved for a change of status. This means to actually be ON the H-1B, you would need to leave, get an H-1B visa stamp abroad [unless you're Canadian], and return to the US. Chances are, this is just not something that's going to work (though there may in theory be situations where it could)

    You, really, really need to go over your entire situation with an attorney.

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  • H1b filing fees en-cashed. Does it mean i am selected in lottery?

    h1

    Stuart’s Answer

    Probably, almost definitely. But I never feel comfortable until I get the actual Receipt Notices.

    So, a cautious congratulations!

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  • N-470: "persons who are employed by, or under contract with, the Government of the US." : Can a CRADA be considered "contract"?

    I have worked for a US Gov agency for 3 years but ended up obtaining re-entry permit to take care of my ailing parents abroad (who soon passed away). While abroad I had a research university there and the US gov. agency I worked for sign CRADA (Co...

    Stuart’s Answer

    I agree with my colleague that - in theory - your situation arguably qualifies and would be worth trying.

    My concern is that this has to be filed before you have been abroad a year (I understand that you meet the one year continuous presence test in the US before leaving, just not clear how long you have been abroad at this stage).

    Speak with an attorney for further guidance.

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  • PLEASE HELP PERM QUESTION- I have gained all my work experience in a position that is substantially similar to the job offered

    If i did not have the requisite minimum job experience at the time of filing the FORM ETA-9089, you can not acquire the job experience after filing the PERM ( i have job experience after filling perm with a different company). Is there any offic...

    Stuart’s Answer

    You really need to seek the counsel of a qualified immigration attorney on this (or another qualified immigration attorney, if one prepared this case for the employer).

    The PERM regulations have always been very clear on this: YOU must qualify for the job being offered at the time you were hired to do that job - and if the PERM case includes an offer of a job that you are already working in, you must have qualified at the time you were hired into that job.

    The general rule, as my colleague states, is that you can't use experience gained with the petitioning employer to qualify for the PERM position. There is an exception where the employer petitions for a job that is sufficiently different form the job in which you ained the experience, but this can be difficult to prove/document and will cause extensive examination of the case by the Department of Labor.

    there may be no way to salvage the existing case, but it isn't impossible that a credible, valid case could be drafted.

    You/your emlpoyer need to speak with an attorney about this.

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  • Is the principal applicant required to accompany i864 and its supporting documents to the interview? USA Visa F4 Family Category

    I am the petitioner, and principal applicant is my brother and derivative beneficiaries are my brother's wife and their children. USA Visa F4 Family Category, Priority Date : 27 August 2002, Interview Date : 3 June 2015, at Mumbai Embassy (Ind...

    Stuart’s Answer

    I agree with my colleagues, but wanted to confirm specifically that you yourself are not expected to appear in person for the interview.

    Speak with an attorney directly for any further guidance.

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  • Can I Apply For Adjustment Of Status After Being In The U.S For 2 Months On A B-2 Visa?

    I met my girl when i was going to school in the U.S - I had a F-1 visa at the time. We maintained the relationship while i went back home after i graduated. Now I'm considering going back to the U.S to visit the school she's attending (She's a U.S...

    Stuart’s Answer

    I agree with my colleague here - entering as a visitor with the intention not to visit, but to marry a citizen and petition for permanent residence is in fact fraud, and there is a window after entry where doing anything inconsistent with the purposes of visitor entry is PRESUMED to be fraud.

    There are possibilities here depending upon your actual intent. I suggest contacting an attorney directly for further guidance.

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  • How soon can I sponsor my husband for a green card as he finishes up his two-year home residency requirement?

    My husband came to the US on a Fulbright, and we are now living in his home country so he can complete his two-year home residency requirement. We are a year out so far, and I'd like to know how soon I can the start the green card process or wheth...

    Stuart’s Answer

    I would agree with what you had heard in terms of the consular interview being the point at which he would need to be eligible for admission (including completion of the two-year residence requirement).

    This means that the initial stage can be started earlier, but with regard to how much earlier I would consult an attorney for anticipated timing. Basically, the way to go hear is to estimate how long the initial stage will take currently (this will depend on where you are/whether possible or advisable to process this stage through the consular post where you are), then anticipation of timing for paperwork processing through the National Visa Center. You would then work backward from the point at which the two-year requirement is completed to determine when best to start.

    speak with an attorney directly for further guidance.

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  • In the I-485 petition, should I need to submit any documents regarding the period of stay that is not covered in the H-4 visa?

    Hi, I am in H1 and my wife, son and daughter are in H4 visa status. My current H1 valid from 05/01/2014 – 04/30/2016. My previous H1 was valid from 03/15/2013 – 04/30/2014. Current H4 of my dependents valid fro...

    Stuart’s Answer

    This should be addressed with an attorney.

    It is typical for USCIS to grant petitions for extension or change of status with the date of approval as the starting validity date. This is true even if the petition was timely filed (filed before the last status expired). I generally document the missing time at the I-485 stage by including the receipt notice for the extension or change of status showing the timely received date, or by highlighting the received date on the Approval where the Receipt is unavailable.

    Speak with an attorney for further guidance.

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