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Stuart Jonas Reich
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Stuart Reich’s Answers

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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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  • How can I bring my daughter who was born out-of-wedlock before I got green card visa?

    I came to the USA in 2013 from Bangladesh under F2B VISA. I had a 4 years old daughter when I got the visa. and that time I was unmarried. I went back to Bangladesh last year, 2014, to marry my daughter's biological mother. now how can I...

    Stuart’s Answer

    Unfortunate that you were not married before your green card was approved. But consult an attorney about filing your own F2A category petition for your wife and child.

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  • Is it recommended to file L1-A Extension (normal processing) and GC under EB-1C petition concurrently?

    Hello - My L1A is about to expire in 2 weeks. My company is filing an extension under normal processing. Also they are willing to file my GC under EB-1C (maybe within a week from L1A Extension petition). Is that recommended? Should...

    Stuart’s Answer

    I agree with my colleague -as long as you are covered by an existing L-1 or have a timely filed request for extension pending, a permanent residence case can be filed at any point. You/ the company can chose to premium process, but it isn't necessary to be able to file the permanent residence case.

    Speak with your company's lawyer for further guidance.

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  • Can one could do H1B Transfer from company X to Y from outside US without working for Company X and does it affect clock reset?

    I am on L1B for around 4 years and got H1B application selected in 2015 lottery when in US and will be going to a native country in next few months. 1. Can my H1B be transferred to another company from outside of US without working for the pr...

    Stuart’s Answer

    These are complex questions and you need to speak with an attorney directly concerning the specifics of your case. noirmally I would suggest speaking with the attorney who handled the H-1B matter, but this person will have an ethical conflict given they also would have represented the company you are considering leaving.

    One thing I can tell you here: if you are looking to "reset" your six-year time by remaining outside the US for a year, you will need to be chosen in the H-1B lottery again. After a year abroad, you can chose to use your remaining L/H time and not have to go through the lottery again (if your H-1b was approved in the lat six years), OR go through the H-1b lottery again and get a fresh six-year period if selected...but not both.

    Contact a lawyer for a consultation on the merits of your own specific case.

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  • File I-130 for spouse while removal proceeding

    Hello, My wife is a green card holder however in her last visit to US, her green card was taken away at the airport by immigration officer due to over stay abroad. While she went to US we were planning to move there permanently. Our aim was to ...

    Stuart’s Answer

    Your lawyer presumably had more information than this when advising on that course of action. If you want a second opinion, you should consult an attorney directly - we would need to know much more to properly advise you - among other things, the reason you and your wife were overseas for so long, other ties to the US beyond her family here, etc.

    Speak with an attorney directly for further information.

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  • Job creation requirement time deadline in eb 5 applications?

    What is the time deadline for creating 10 jobs in EB 5 applications for green cards?

    Stuart’s Answer

    I strongly agree with my colleagues here - if you are exploring an immigration option that will require you to invest at least $500,000 and perhaps $1,000,000 and leave this invested for a period of time, you should at least be willing to spend a couple of hundred to get a valid opinion form a qualified and experienced attorney.

    Consult an attorney directly.

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  • What in your opinion determines a "formal marriage fraud finding" ?

    is there specific case law referenced, or what language in a Denial or Notice To Appear, would alert one as to an official marriage fraud determination ? The type that bars you from seeking any future immigration benefits.

    Stuart’s Answer

    If you've had a marriage case denied, you need to have an attorney review your paperwork for the denial.

    Consult an attorney directly.

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