Skip to main content
Stuart Jonas Reich
Avvo
Pro

Stuart Reich’s Answers

3,381 total


  • Mistake in USCIS Form I 129

    a) My new Employer has filed H1 transfer for me, he sent me a copy of the filed I-129 form and i noticed a error, here is that. IN Part 4. Processing Information. There is a Question under that - Are you filing any application...

    Stuart’s Answer

    • Selected as best answer

    Your attorney is correct - this is unlikely to have any serious impact on this petition. At most (and this is doubtful), USCIS may send an inquiry to see if the answer was supposed to be negative, or if an I-539 for your wife was/is being filed. But likely not even that.

    Schedule a consultation with another attorney if you want to explore this further, but this does not appear to be in any way material to approvability of your H-1B transfer of employment petition.

    See question 
  • Is it mandatory to start H1B visa on October 1st for a new petition?

    Is it mandatory to start H1B visa on October 1st for a new petition? If not, how much is the relaxation period? I understand that the start date will be mentioned on the approval notice which is generally October 1, lets assume its the same date, ...

    Stuart’s Answer

    • Selected as best answer

    This gets a little confusing.

    To maintain H-1B status, you would need to start work as soon as here in H-1b status - either October 1 if status changed here, or upon entry in H-1b status. Realistically, since USCIS looks to pay records such as W-2s and pay stubs as proof of maintenance of status, a lapse of a few days before joining the company may not be fatal.

    There is an "anti-benching" provision relating to employers saying they need to have you on board no later than 30 days of a date of first admission on the company' sponsored H-1B if coming form outside the US, no later than 60 days after the start date of a petition approved for change of status while you are here. These rules apply to the employer, and allows something which appears to conflict with the requirements of you - hence the confusion.

    Speak with an attorney for further guidance.

    See question 
  • How long does it take to hear back about change of status from F1 to F2?

    I applied for change of status from f1 to f2. My case was received on Jan 22 but I haven't heard back yet. What's the usual processing time? How can I follow up on my application?

    Stuart’s Answer

    Normally two and a half to three and a half months. you should have received a Receipt Notice within about 10-14 days of filing with a case number and an 800 number to call to follow up on status.

    At this point, a response is overdue - I suggest consulting an attorney to try to learn more about what is going on here.

    See question 
  • After employment based immigration I-485 approval, does the USCIS perform fruther investigations?

    DO they investigate if the employee is working part-time or full-time, and do they check for income and whether it matches what was documented in I-140? How do they do that? DO they ask for RFE?

    Stuart’s Answer

    While such investigations are rare, they aren't unheard of. I agree with my colleague that - absent an upset employer or someone else with a grudge purposely bringing and discrepancy to the government's attention, the most likely occasion for inconsistencies between the job offered and what actually happened after approval to arise is in the context of a later naturalization application.

    This all said, the important thing is that at all times while the case was pending it was both the individual's and the employer's intent that the individual would work in the job offered, on the terms stated (pay/hours/place etc.) It IS possible that circumstances change at some point after approval.

    If you are concerned because after approval, a different situation than was envisioned in the case will prevail, speak with an attorney about your concerns.

    See question 
  • H1B Amendment

    What is the cost of H1B Amendment?

    Stuart’s Answer

    You would need to speak with an attorney directly - legal fees depend upon the nature of the case, potential complications requiring additional work, materials you already have available vs, what would need to be created from the beginning, etc.

    Government fees are pretty standard, and to some extent can be determined here: http://www.uscis.gov/forms/h-and-l-filing-fees-form-i-129-petition-nonimmigrant-worker

    See question 
  • My divorce was not finally completed before I remarry, will this denied my petition or even lead to deportation?

    On my interview day the officer found out that the final date on my divorce decree is 06/2014 and I remarry on 03/2014 which means that I was married to both women at the same time,but in my country ones the both families came together and agree ...

    Stuart’s Answer

    I agree with my colleague - the only way around this is if you can prove that the divorce was legally valid on a date before your current marriage. This means not only consulting an immigration lawyer here, but you will also likely need the help of a lawyer in your home country and will need to obtain documentation of whatever ruling or ceremony took place to legalize the divorce as well as documentation of the law over there that permits it.

    See question 
  • Can a student of J-1 visa continue to stay in the U.S. after their academic program?

    Hello, I'm an international student from Cameroon on a J-1 visa in the U.S. It states there that I have a 2 years home rule stay after I graduate from school. I wanted to find out if there are any options to waive the 2 years home stay rule to ena...

    Stuart’s Answer

    You would need to speak with an attorney directly concerning options for a waiver of the two-year requirement - there are several possible ways to get a waiver, and likelihood of success depends on nature of program, reason you are subject to the requirement, your home country, your family situation here, and other factors.

    However, you may be eligible for certain other visa types which don't require that you have either served the two years or obtained a waiver. Each of these types is for a specific purpose - so again, you would want to explore what you want to do and your options for doing it with an immigration lawyer directly.

    See question 
  • I765-form- Place of last entry in to US

    Hi all My wife came to US via Abu dhabi to JFK and Customs clearance was done at Abu dhabi only .If i am checking the I94 site ,Port of entry is given as Abu dhabi.So what I have to enter in I765 form for " Place of last entry in to US" ...

    Stuart’s Answer

    If it'll fit, I would present as "JFK/NYC (Abu Dhabi PFI)"

    But, speak with an attorney for further guidance on your filing.

    See question 
  • Does the suspension of Premium Processing affect H1B cap extempt petitions filed outside US utilising the H1B remainder option?

    My H1B expired Oct-2014 (I had stayed and worked in H1B from Dec 2011 to June-2014) Left US in June 2014 and got my Visa stamped in July 2014 but didn't go back to the US. Now, I have an offer and planning to utilize the H1-B remainder option for...

    Stuart’s Answer

    I would address this with the attorney filing the case directly.

    while the USCIS announcement on the premium processing suspension is ambiguous, I would argue that this would not be an "extension" subject to the Premium Processing suspension. This would be new employment which is simply not subject to the cap, rather than an extension.

    But, I do think this argument has to be made very clearly - and very obviously apparent - when filing the case (which means that it has to be presented in such a way that the argument is obvious even to the mail room workers who do the case intake).

    Consult an attorney directly for further guidance.

    See question 
  • Can H1B do paid work outside us?

    I am a Chinese national and currently working full-time in the U.S. I only have one H1B in the U.S, which is sponsored by company A. I have been approached for a paid activity in China (teach a 5-day course/workshop of a professional conf...

    Stuart’s Answer

    While you should consult an attorney to provide all details and obtain more specific advice, I think it unlikely that this would violate the terms of the H-1B; any work (even prep work done here) benefits only a non-?US employer and would be under the direction and control of that non-US employer.

    See question