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Stuart Jonas Reich
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Stuart Reich’s Answers

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  • Filing H1 and L1 at the sametime

    Can we try to file fresh H1 and L1 at the same time from outside USA. as H1 is depend on lottery, my company is trying to file my L1 but if that is rejected or result doesn't come out early can I file H1 as the same time.

    Stuart’s Answer

    Your company should consult an attorney with regard to these matters.

    In theory, they can file for each as long as they and you are independently eligible for each (there are very different requirements). you would only be "on" the visa that you get stamped into your passport and use to enter.

    Speak with an attorney.

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  • Maximum number of hours on opt.

    I am joining the new employer, but my old employer want me to help for 1 month and my new employer want me to join soon. So, if I join the new employer, for 1 month I will be working for 2 employer 40 hour each (one employer will be remote). My qu...

    Stuart’s Answer

    I'm unaware of any hourly upper limit on post-completion OPT hours worked (pre-completion you can't go over 20 hours, and post-completion you can't work less than 20 hours).

    This should be feasible if you can actually put in 80 hour weeks.

    I do suggest pushing your school to find a definite answer for you.

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  • How much time does one have to leave USA after H1B is terminated by employer?

    My employment contract is "at will" termination with my employer. My H1B is valid for next 2 years. I wanted to know if my employment is terminated effective tomorrow, how much time do I have to leave the US or find another job?

    Stuart’s Answer

    I agree with my colleague - there really is no legal "grace period." Some people point to a policy memo saying something to the effect that ten days is reasonable, but this has no real legal impact and the termination of employment immediately terminates H-1b status..

    This said, there is something of a "reasonableness" standard with consulates, and USCIS will often accept pay statements dated within the last 15 or even 30 days before filing as adequate evidence of maintenance of status sufficient for an amendment/change of employer petition.

    Speak with a lawyer for further guidance.

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  • Which H-1B approval notice to use?

    My first H-1B approval notice was good for 3 years into late 2017. Then, a few months ago, I get another H-1B approval notice due to filing an amended petition (I94 card attached to notice). This time, I only get 5 months instead of the whole am...

    Stuart’s Answer

    You should be consulting the attorney who handled this most recent case for advice here.

    Generally, the latest one is the one in force. The earlier one can be reinstated by using it to enter, but you can only legally do this if returning to work for the same employer in the same job as described in the originally - NOT the new position under the new contract which caused the need for amendment. If returning for the new job, you may need to use that and then do an extension soon after your return.

    Speak with an attorney.

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  • How can I get a social security number and Drivers License on B1 visa?

    I am in US on a B1 visa and have opened an Corporation here. I would like to get a Social Security Number and drivers license so I can work on my business (investing in retail store). What information would I present at the social security offic...

    Stuart’s Answer

    You need to consult an attorney about what visa is actually appropriate for your intended purposes. while you can form a company while on a B-1, doing any actual productive work for it- regardless of whether you are getting paid - generally requires a work visa.

    You would not be able to get either a Social Security Number or [in most states] a drivers' license on the B-1/B-2 alone.

    Speak with an attorney.

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  • My H1B visa is revoked by employer by mistake, my visa is not stamped and I am outside US. Can amendment be filed in this case?

    My H1B visa is revoked by employer by mistake, my visa is not stamped and I am outside US. An amendment is filed on same revoked petition and have receipt notice of same. What are my chances, will this amendment be valid as the original petition i...

    Stuart’s Answer

    You and your employer need to consult an attorney directly.

    I'm not clear in which order things happened (was the revocation before or after the amendment was filed?) and how an employer "accidentally" revokes a visa.

    You will need a new approval on that amendment to get a visa stamp and return, but it's difficult to say what will hapoen with it without knowing far more. speak with an attorney.

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  • How to respond to nvc

    My case is still in NVC .can I change joint sponsor because he doesn't helping me anymore and leave me in the middle so if I can change joint sponsor so how should I revealed or ask to NVC to change about this

    Stuart’s Answer

    You need to consult an attorney about this.

    It isn't clear where in the process your case is right now - have sponsorship documents already been submitted? has the case been sent to the consulate?

    You can generally get another qualifying individual to act as a joint sponsor and complete a separate I-864 - but how this is presented depends upon where your case is in the process right now.

    Consult an attorney.

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  • Paid AOS fee, but NVC says i did not pay

    i have a question..i have a receipt from nvc that it says i paid my aos fee, but they say i didnt paid even thought they send me two letters one when it was" in processing" and the other when it says "paid" two days later. unfortunatelly i do no...

    Stuart’s Answer

    In what way are they saying that you didn't pay it? Are they sending you back your I-864 with a rejection for unpaid fee, even though set in with the printed bar code sheet from the payment web site, or just telling you this on the phone?

    If you have a receipt from them and the printed bar code sheet, you can send your I-864 and supporting documentation with the bar code sheet on top (but you should review the I-864 requirements and documentation with an attorney). I agree with my colleagues' suggestions about getting documentation of the transfer from your bank, and supplying this as well.

    If they are just telling you this by phone but you have the printed receipt/bar code, you can assume that the person on the phone is simply incorrect.

    Speak with an attorney.

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  • Can i send my petitioner Citizenship and name change copy later to NVC?

    My case is F2B, my Petitioner(Mom) got us citizenship then changed her first name, NVC welcome letter sent to me recently but we didn't inform NVC about my Petitioner situation because we think if we send her citizenship and name change to NVC, th...

    Stuart’s Answer

    I agree with my colleague - you need to inform NVC, and should supply both a copy of your mother's naturalization certificate and - if the name change isn't directly reflected on that certificate, separate proof of legal name change.

    Consult an attorney for further guidance.

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