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Stuart Jonas Reich

Stuart Reich’s Answers

3,454 total

  • What is the difference inbetween L! visa and L!B visa??

    can w open a branch in us and have both owner and specialized knoweldge, both be in the us branch, can both get residence visa? does L!B visa lead to green card?

    Stuart’s Answer

    I agree with my colleagues here.

    A US office can have intracompany transferees in both L-1A manager/executive and L-1B specialized knowledge capacities at the same time - many of each, in fact. Any L visa holders must have worked for at least a year out of the last three at a company abroad with a qualifying relationship to the US entity, and must have worked in either a managerial/executive or specialized knowledge capacity there before transferring to a managerial/executive or specialized knowledge job here. Length of time permitted here in each status is as my colleague state.

    The L-1 allows a person to seek a green card (neither are in themselves direct pathways to a green card), but the L-1A may have a quicker path to a green card available than the L-1B in most cases.

    Seek guidance form an attorney in pursuing these matters.

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  • H1B petition approved in 2012 but never got it stamped. The status on USCIS is "Revocation Notice Was Sent". Is it cap-exempt?

    Employer A initiated my H1B and my petition was approved in 2012. I never got a chance to get my Visa Stamped and visit US. Employer A did not share anything with me except the EAC case number. Now i have left employer A and joined Employer B. Pos...

    Stuart’s Answer

    You need to speak with an attorney.

    there is specific policy guidance on this: where an H-1B has been filed/approved within the last six years, you can elect to use that cap selection and get any remaining time on that H-1B vs. going through the cap selection process again and getting a fresh six years. this is true even where the original H-1B was never stamped/used (and so the full original six years is available), and even where the employer withdrew.

    You and employer B need to consult an attorney.

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    I am currently a teacher on my 6th year on my H1B. I have an approved PERM LC and is waiting on the results of the filed i-140. I am moving on to become an assistant principal in the same school district since I was told PERM is for future job. ...

    Stuart’s Answer

    • Selected as best answer

    This definitely needs to be discussed with the attorney handling these matters.

    It's correct that the PERM/green card case is fora future offer of employment which comes into being upon approval of the green card (if the PERM was for a teaching job, you/your employer need to be planning for you to be in a teaching job at that point.

    As to moving to an Assistant Principal position now, an examination of comparative job duties must be made between the H-1B listed duties and the duties of the new position. This could likely be a "material change" requiring an emended H-1B petition.

    Speak with an attorney.

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  • What are the consequences of signing multiple affidavits of support for different immigrants?

    My spouse, a police office, signed an affidavit of support for my brother to immigrate here because his wife did not make enough money. Now, my brother has asked if my husband would be willing to sign another affidavit of support for his sister in...

    Stuart’s Answer

    Your husband should consult an immigration attorney for further details.

    the consequences are purely financial -they don't impact his citizenship standing. but, he may be financially liable, and for purposes of future sponsorship each person he signs an I-864 Affidavit of Support for increases his "household size" for purposes of determining how much income he needs to show.

    See the linked guide, and consult an attorney.

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  • I am a US citizen and want to petition for my elderly parents in Mexico to immigrate to the US. What do I need?

    There are no outstanding immigration issues. My parents have never come into the US before so I believe this is a straightforward application, but what will I need to provide and what forms will I have to fill out? What is the time frame for them...

    Stuart’s Answer

    What you need most is to discuss the matter with an immigration attorney.

    Even though there may be no prior status violation issues or any criminal issues to complicate matters, there may still be issues unique to the individual cases (medical, financial, and other areas completely unrelated to whether anyone has ever done anything "wrong") which need to be addressed by an attorney.

    An attorney can identify potential issues with your parents' cases and address how they might be solved. He or she can also explain timelines and how much everything is likely to cost. Speak with an attorney before moving forward.

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  • Applying for my for citizenship

    i have question about my citizenship is it true that uscis look to your background since your first entry to united stats? i live in California since 2008 ,i was charged with selling Tabasco to minor in 2011 when i was working Tabasco stor...

    Stuart’s Answer

    You really do need to speak with an attorney about this before moving forward. Research is needed into how this crime is viewed, the elements etc.

    Further, an examination of your record here since this happened is important as well - USCIS will consider evidence of "rehabilitation" - that you have done nothing further wrong, that been a productive member of the community etc.

    Speak with an attorney for further guidance on this issue.

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  • Is it unwise of me to leave the US before my I-94 departure card expires next Tuesday, if I have filed I-539 for my B-2 visa?

    I have a multiple-entry American visa (B-2) that will expire in February 2016. I have already received I-797C form from USCIS, but there is no concrete notice of action on my case yet, so I need to make an informed decision whether to leave this w...

    Stuart’s Answer

    You should consult an attorney for guidance on this process.

    Leaving the US has the effect of abandoning your request to extend status here. You are considered to be here with permission of Homeland Security while the petition remains pending, but if this is denied you would immediately be without status and begin accruing "unlawful presence" time (which could lead to a long bar to reentry if you stay too long before leaving).

    That said, even leaving before the I-94 expires doesn't mean you will be readmitted soon enough for you to be here in November; after such a short time abroad you may not be deemed to have the required "nonimmigrant intent."

    No easy answers here - consult an attorney.

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  • H1 picked in lottery and waiting at RFE. RFE not answered yet, Consultant now is not reachable and RFE deadline is approaching

    I got an RFE and its 10 weeks over now. The consultant is not reachable on mail, call and also on the office phone. The office listed on site is just a room in a complex which looks that it hasnt been opened for years. Is he play...

    Stuart’s Answer

    You and your H-1B sponsor/employer need to speak with an attorney as soon as possible. Using a so-called "consultant" was probably the big mistake here.

    Generally there is an 87-daye response window in RFEs - however,depending on the nature of what's being asked, it may take time to assemble a response.

    If this isn't responded to in a timely manner, the H-1B will be denied as abandoned, and once that happens you lose the benefit of having been chosen under the cap. Deal with this immediately, with a real attorney.

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  • Does my fiancé have 90 days from the time he stepped foot in USA to get married & apply for permanent VISA or is it only to wed.

    and then start his permanent VISA process? I am very confused as to how that works. I do not want him to be deported back to his homeland if he does not begin his process before the 90 days period is over.

    Stuart’s Answer

    • Selected as best answer

    I'm assuming your fiance entered on a K-1 fiance visa for purposes of this question.

    The requirement is that you marry within 90 days. However, it would be in your fiance's interests to get the Adjustment of Status petition on file as soon as possible after you wed for purposes of obtaining work and travel authorizations as quickly as possible.

    consult an attorney for further guidance on this matter.

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  • L1B expired and ext in process. 20 paid vacation available. Can I go India for vacation/wfh, and get paid in US for these days?

    I have approved H1B, so will go for stamping and come back to US on H1B in October. So, the only question is while extension is in process, and we go out of country for vacation or for "work from home", are there legal challenges in getting paid i...

    Stuart’s Answer

    You should really be consulting the attorney handling these matters (L-1B extension/H-1B) for advice here.

    I don't see any issue with your continuing to get paid in the US while abroad on vacation - even though departing the US abandons the request to extend L-1B status while here (though not the L-1B petition itself), you aren't physically here and working under the direction and control of the US company - so not unauthorized employment. However, this may take some explaining later on if the company is ever audited.

    Speak with the attorney[s] handling this.

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