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Stuart Jonas Reich
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Stuart Reich’s Answers

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  • Premium Processing for H1B Extension of Stay

    USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions If we filed the case on May 20th, is there any chance that the petition will be worked out under Premium Processing

    Stuart’s Answer

    According to USCIS' most recent statement, the case would still be handled as Premium Processing if properly received BEFORE the 26th.

    Consult an attorney for further guidance.

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  • Issues with i-485 application and employment authorisation

    My wife filed for i-130 for me and i included an application for i-485 and Employment authorisation in march 2015. I received an apointment for biometrics on april 2015 and just received another appointment for interview scheduled for june 20...

    Stuart’s Answer

    I agree with my colleague - 90 days or even a little linger seems typical for EAD approvals in this context. I wouldn't expect the EAD to come through until some time next month (or perhaps not be issued if you are approved for permanent residence before the employment authorization application is adjudicated). You interview has been scheduled relatively early, which is fortunate.

    Speak with an attorney for further guidance.

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  • Hi..I am a H-4 visa holder. Am I be eligible to enrol for Louisiana's alternate teaching certification programs. Please guide

    Hi . I have a Bachelor of engineering(computer science ) degree from overseas and am a Louisiana resident with a H-4 spouse visa. I am interested in doing the alternate teaching certification program to become a teacher. Can you please advice if...

    Stuart’s Answer

    This depends on the state statute for this program and on what's involved in the program.

    The question of whether the program permits is is one of Louisiana state education law, rather than immigration. A Louisiana attorney familiar with the education law should advise you on this.

    You can engage in coursework while on the H-4. But if the program requires student teaching work, it would be problematic to accomplish this on the H-4 from an immigration standpoint. You should consult an immigration lawyer, bringing/supplying information on what exactly the program in question requires.

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  • How long the immigration has to provide an answer after interview for petition I 130?

    Had interview in january and still waiting for answer if the petition I 130 was approved or not, or if we have to provide more documents?

    Stuart’s Answer

    I agree with my colleagues - while there is no statutory time in which they are required to respond, after 30 days from interview date an inquiry is definitely in order. You can try an infopass appointment, a letter to the officer who conducted the interview, or both.

    This should be handled by the attorney who handled the case - if you don't have an attorney, this would be a good time to consult one.

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  • I-485 held for review

    after I-485 interview uscis said they conducting security check how long does this takes ....

    Stuart’s Answer

    Almost impossible to answer, since we don't know what kind of security check (or if this is the real issue).

    Typically, security checks on the foreign national applicant are done right after biometrics (fingerprinting) towards the beginning of the case, and interviews typically aren't scheduled unless this has cleared.

    It isn't clear what would be checked at the post-interview stage, or how long it would take to do this.

    Consult an attorney.

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  • Post acquisition of a company, is it required to create a new e-verify account or only the profile needs to be updated?

    The company i am currently working for got acquired last october (has a new name now ) and since then they were using the e-verify id under the old company name. I am applying for an OPT STEM extension for which i need this information. The HR adm...

    Stuart’s Answer

    We would need more information to answer this, which should be dealt with at the HR/Corporate legal level. I would question how the acquiring company decided to treat employees of the acquired company, whether the acquiring company has its own separate e-Verify account, etc.

    Someone at the company should consult an attorney about this account.

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  • How many days do I have to leave country when I quit my job on L1B visa? For new H1B, can I stamp it in Canada?

    I'm an Indian passport holder with L1B valid until 30 Dec 2015. I have applied for H1B in FY16 cycle and awaiting petition approval. I want to quit my current job and take a break before joining my new employer. 1. How many days do I have bef...

    Stuart’s Answer

    These are complex questions, and you need to speak with an immigration lawyer directly - at least some of this should be answered by the attorney handling the H-1B.

    If you leave the L-1 job, you would legally be out of status immediately. While a timely-file request to change/extend/amend status often offers some protection, here the requested start date of your new, cap-subject H-1B wouldn't be before October o1, creating a gap in status and arguably invalidating a request to change status here.

    I generally recommend against going to a third country post for the first stamp of a particular visa type, though in some cases it may be possible. A post that has no jurisdiction over you (by being home country, last place of residence, etc.) has the discretion to handle the application or not - os there's risk in trying.

    While you can get the H-1B stamp long in advance of the start date, you can only enter up to 10 days in advance of the start date. You couldn't reenter on the L if no longer working for that company, and a Visitor visa may prove difficult in these circumstances.

    Speak with an attorney.

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  • What do I if I have not gotten a decision on my I-751 when it's coming up on a year and am living overseas on government orders?

    I am a CPR and filed I-751 last year. My I-797 expires in July but there has been no decision made. I am living overseas due to government orders. Do I need an extension on my CPR if I am living overseas? If so, where do I get the extension? If ...

    Stuart’s Answer

    You may be able to get a "transportation letter" (sometimes referred to as a "boarding foil") from the US consulate where you are, allowing return to the US. Would necessarily be able to use this as evidence of conditional permanent residence status afte ryour return, but you could then make an Infopass appointment with a local USCIS office to obtain a temporary green card stamp as evidence of ongoing status and to allow further travel (as long as there still has ben no decision on the I-751.

    Not clear form your message whether you have obtained a Reentry permit to preserve your permanent residence status given how long you you may be overseas, but this too is a travel document.

    You need to speak with an attorney about preserving your permanent residence status and about the documentation involved here.

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  • Graduate studies for H4 Visa

    My wife is on H-4 visa that has been approved and she recently got admitted into a college for her Masters in Environmental engineering. She will not be doing an assistantship or anything but is she allowed to only pursue her masters as a H-4? or ...

    Stuart’s Answer

    She can pursue education on the H-4.

    You note that she won't be engaging in an "assistantship" by which I assume you mean some sort of research assistant/assistant teaching position - this is good and necessary if she remains on the H-4; one of the limitations here is that she doesn't get the benefit of some of the employment opportunities permitted on F-1, such as permissible on-campus work up to 20 hours/week or Conditional/Optional practical training. If these things will be important to her in the future, there may be reason to switch to F-1...however, there are downsides to this as well, especially if you will be pursuing permanent residence through your employer.

    Speak with an attorney to discuss the possibilities and the relative costs and benefits.

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