Stuart Jonas Reich’s Answers

Stuart Jonas Reich

New York Immigration Attorney.

Contributor Level 19
  1. Can we transfer H1B from company A to B when my dependents H4 Extension is in-progress with Company A is inprogress.

    Answered 7 months ago.

    1. Alexander Joseph Segal
    2. Stuart Jonas Reich
    3. Ajay Kumar Arora
    3 lawyer answers

    Yes, you can. The H-4 extension isn't really based on company A - it's based upon your spouse being married to someone who is maintaining valid H-1B status. As long as you are on a valid H-1B, there is no threat to the H-4 (may need to be proven with filing receipt for company B case, pay statements, etc.) You DON'T need to file another H-4 along with your change-of-employer petition for company B. The thing to watch out for is that the H-4 and your new company B H-1B will probably...

    4 lawyers agreed with this answer

  2. My husband was deported in 2007 and 2012 . We have 2 children together. i am in financial problems. Can he be eligible to return

    Answered 7 months ago.

    1. Stuart Jonas Reich
    2. Scott Thomas Helsper
    3. William Gaston McLean III
    4. Kristin D Figueroa-Contreras
    4 lawyer answers

    I agree with my colleague - you need to speak directly with an immigration attorney about this. You say he was deported twice - if this is actually the case, he may be subject to a permanent bar to return - no waiver will help with this. Speak with an attorney.

    4 lawyers agreed with this answer

  3. I completed my 5 years of stay in US on L1B visa. Will my visa clock be reset after a year?

    Answered 7 months ago.

    1. Alexander Joseph Segal
    2. Ajay Kumar Arora
    3. F. J. Capriotti III
    4. Stuart Jonas Reich
    4 lawyer answers

    I agree with my colleague generally, just want to note a couple of items: to be eligible for a new full period in H-1B/L-1 status through a "re-set," you need to have spent a full 365 days abroad - any time spent here, even as a visitor, would be subtracted from the year you need to spend. So if you go to the consulate to get a new visa based upon an Approved USCIS H-1B petition, and they determine that - for example - you spent a week here as a visitor in June 2014, they will deny the visa...

    4 lawyers agreed with this answer

  4. H1B Extension filing: Petition about to expire and I havent received my Receipt number yet

    Answered 7 months ago.

    1. Carl Michael Shusterman
    2. Stuart Jonas Reich
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    It generally takes 10 days to just over two weeks to get the Receipt Notice back - so not overdue yet. Can your employer/their lawyer track to make sure the package got there/? Have filing fee checks been cashed, and if so can the cancelled checks be viewed online? Often the receipt number will be visible on the endorsement. Discuss with an attorney directly.

    4 lawyers agreed with this answer

  5. H-4 Visa processing time

    Answered 8 months ago.

    1. Alexander Joseph Segal
    2. Stuart Jonas Reich
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    Assuming otherwise approvable, maybe 90 days or so from filing. But, discuss with a qualified attorney to make sure this can be done.

    4 lawyers agreed with this answer

  6. I'm a British and my fiancé is USC. We want to get married here. Once we are married I want us to go to the UK for a months.

    Answered 8 months ago.

    1. Mark Robert Barr
    2. Stuart Jonas Reich
    3. Wail Sarieh
    4. Robert Andrew Michael Burns
    4 lawyer answers

    I agree with my colleague - if you are here, generally speaking you can apply to adjust status while here. You need to speak with a lawyer to see if this is a real possibility (there are a few reasons this may not work). If you file for adjustment of status here, leaving before approval without permission - called advance parole - causes abandonment of the pending application (so, do NOT leave for the UK before you get this). It does take about 90 days for the parole to come through....

    4 lawyers agreed with this answer

  7. Do permanent resident aliens qualify for FMLA?

    Answered 8 months ago.

    1. Stuart Jonas Reich
    2. Alexander Joseph Segal
    3. Marilynn Mika Spencer
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    A Permanent Resident would qualify for the FMLA as long as the employer is required to provide benefits under the act (some smaller employers may not be required to provide FMLA benefits for any employees). Generally speaking, distinguishing between Permanent Resident employees and US citizen employees in terms of qualification for benefits would be considered discrimination on the part of the employer. The SSN doesn't have much to do with FMLA eligibility (though a permanent resident...

    4 lawyers agreed with this answer

  8. Do i need an immigration lawyer?

    Answered 8 months ago.

    1. Giacomo Jacques Behar
    2. Luis Alberto Guerra
    3. Mary Carmen Remigio Madrid-Crost
    4. Stuart Jonas Reich
    5. Abraham B. Cardenas
    5 lawyer answers

    The fact that you are already in removal proceedings makes your case very complex - and urgent. It's possible you may have been better off filing a new marriage case before the Notice to Appear was issued (they may have decided not to issue one - but this isn't certain). However, now that you are in proceedings, the interview will be a far more complex one with a much higher degree of scrutiny. And, you need a lawyer to deal with the removal case as well as prepare you for what would have...

    4 lawyers agreed with this answer

  9. How long does it take to get from Green Card to Citizen?

    Answered about 2 years ago.

    1. David Nabow Soloway
    2. Stuart Jonas Reich
    3. Reza Athari
    4. Robert West
    4 lawyer answers

    A straightforward process, all other things being equal/no problems, five to six months from filing to interview. Consult an attorney for help on the filing.

    4 lawyers agreed with this answer

  10. I have master degree in USA. I pay alomost 6k in tax every year. Will it be consider in marriage green card?

    Answered about 2 years ago.

    1. Stuart Jonas Reich
    2. Neil Ian Fleischer
    3. Eric M. Mark
    4. Yolanda Navarrete
    5. Luis Alberto Guerra
    5 lawyer answers

    Only useful/meaningful if your US citizen sponsor spouse can't meet the income requirements, and yours is needed to make up the shortfall. Irrelevant otherwise to this type of case.

    4 lawyers agreed with this answer

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