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Stuart Jonas Reich
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Stuart Reich’s Answers

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  • H1B visa requirements

    I dont have a bachelor's degree, but I have 15 years of experience in hospitality and luxury retail, but if some 5 star hotel is willing to offer me job and sponsor me,is it possible for me to get H1B visa, i have just done my high school, i was t...

    Stuart’s Answer

    You need to consult an immigration attorney directly for advice directly relevant to your case.

    Generally, three years of work experience is viewed as the equivalent of one year of Bachelor's-level education - so you may be able to get an evaluation saying that 12 years of your experience is the equivalent of a four-year bachelor's in a specific field.

    But, that alone doesn't guarantee H-1B eligibility - you would need to have a job offer/sponsoring employer where the job requires at least a bachelor's degree in that specific field. Not all jobs in hospitality necessarily qualify - this should be examined with an attorney.

    If applying for the first time, you would need to apply next April - and if selected in the lottery for an available H-1b and approved, the visa would start October 1, 2016. Absent a cap-exempt employer, no new H-1b would be available before then.

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  • Questions related to residence history on N400 (citizenship) application ?

    How accurate do these previous residence addresses need to be. Every time I moved, I made sure my lease overlaps for about 10 days (between old and new house) and I gradually shift. Can I use any one of these 10 days as the transition date. Als...

    Stuart’s Answer

    Well, not filing the AR-11 certainly isn't a good thing, and you should consult an attorney for guidance specific to your case. Make sure you have completed an AR-11 for your present address, even if late. Always better to file this late than not at all.

    This said, I haven't seen a client run into problems yet with naturalization for failure to complete all AR-11s timely. Doesn't make it right, and this could change in the future - just that to date I haven't seen it arise as an issue.

    As for dates of residence, try to be as accurate as possible, using the date you actually moved (first night sleeping in new place is a good guideline). There are times when it is simply not possible to dertemrine the exact date for a residence- or employment transition; you simply need to make a good faith best-estimate (my answer might be different for something like employment-based permanent residence petitions, where exact length of experience is often directly relevant to eligibility for the benefit and so precision is required).

    Consult an attorney.

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  • Do we need to provide extra documentation regarding traffic citations when sending N400 application ?

    I've had 2 traffic citations in the past. Neither involved arrest or DUI. In each case I had to pay a fine of around $350 and they resulted in 1 - 2 points on my driving record. When sending the N400 application, Do I need to send any cou...

    Stuart’s Answer

    You absolutely need to disclose this on the form. You were "cited" - so a simple "yes" to this is in order, though you can and should explain.

    Even if actual documentation of the citations/fines paid is not submitted with the application, it will be requested at time of your naturalization interview - so it makes sense to at least begin the process of assembling these materials.

    speak with an attorney directly for further guidance.

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  • My H1B visa expiring on 31st Dec 2015, my Passport is expiring on 16th April 2016. can i extend H1B with out PP renewal

    -If i extend H1B visa with out Pass Port, what to do after 16th April 2016 to stay in USA ? -If i extend H1B visa with out Pass Port, will it impact my H1B Visa extension/Extension validity

    Stuart’s Answer

    You are generally required to a have a passport valid for six months into the future when applying for an immigration benefit. If you can apply for a passport extension through your home country consulate here, it's a good idea to do that as soon as they permit you to.

    One possibility, if the extended passport isn't through in time, may be to apply anyway - by the time you get an inquiry demanding a passport valid for a longer time, the new passport may come through.

    Since you don't need to actually obtain a stamp in your passport for the new extension until the next time you travel abroad (assuming it is granted as an extension of status, with new I-9 at the bottom of the approval notice), you may well have the new passport by the time you need to go abroad and so get the stamp.

    Consult an attorney for further guidance.

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  • If my fiance came to USA with K1 but we did not have time to apply for a green card. Can I support him again for K3 visa?

    If my fiance came to USA with K1 but we did not have time to apply for a green card because he got a job outside the country and has to leave. Can I support him again for K3 visa? Will I have any problem with that?

    Stuart’s Answer

    Several isues here, and you really need to discuss with an attorney directly. Does it even make sense to apply for a green card if he is living/working abroad? Even if obtained, he may have trouble keeping it.

    If even worth doing, an analysis of timelines should be made to see if - assuming you apply for permanent residence and go the consular processing route - it makes any sense to try for a K-3 (it often doesn't; he may not end up getting here very much earlier, given the time and expense involved).

    Speak with an attorney about the specifics of your case.

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  • When is an H1B petition considered counted against lottery

    When is an H1B petition considered counted against lottery so another employer may file a new H1B petition which is exempt from the lottery , Is it when it is picked up in the lottery and you get the receipt number or not until USCIS approves the ...

    Stuart’s Answer

    Upon approval - mere selection in the lottery by itself is insufficient.

    In theory, at this point it can be used to transfer to a new employer, even if the foreign national has never begun work for that employer under the H-1B (though USCIS may question whether there was ever a bona fide job offer if this is the case).

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  • Under what condition do I need to get a stamp of my new H1B for AOS from L1B?

    I have recently got an H1B approval to begin from 01 Oct 2015 however my firm told me to get a stamp back in my home country. My current L1B and I-94 both expire on 31 Dec 2015. Can my AOS be filed without leaving the US or is it dependent on the ...

    Stuart’s Answer

    You need to speak with the attorney who filed the petition, and find out if this was filed/approved as a Chane of Status while here. If it was approved that way (the Approval would have a new I-94 printed at the bottom), you automatically become an H-1b visa holder on October 1 - you don't need to leave and get a stamp abroad unless you are otherwise traveling abroad.

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  • How can I bring my daughter who was born out-of-wedlock before I got green card visa?

    I came to the USA in 2013 from Bangladesh under F2B VISA. I had a 4 years old daughter when I got the visa. and that time I was unmarried. I went back to Bangladesh last year, 2014, to marry my daughter's biological mother. now how can I...

    Stuart’s Answer

    Unfortunate that you were not married before your green card was approved. But consult an attorney about filing your own F2A category petition for your wife and child.

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  • Is it recommended to file L1-A Extension (normal processing) and GC under EB-1C petition concurrently?

    Hello - My L1A is about to expire in 2 weeks. My company is filing an extension under normal processing. Also they are willing to file my GC under EB-1C (maybe within a week from L1A Extension petition). Is that recommended? Should...

    Stuart’s Answer

    I agree with my colleague -as long as you are covered by an existing L-1 or have a timely filed request for extension pending, a permanent residence case can be filed at any point. You/ the company can chose to premium process, but it isn't necessary to be able to file the permanent residence case.

    Speak with your company's lawyer for further guidance.

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  • Can one could do H1B Transfer from company X to Y from outside US without working for Company X and does it affect clock reset?

    I am on L1B for around 4 years and got H1B application selected in 2015 lottery when in US and will be going to a native country in next few months. 1. Can my H1B be transferred to another company from outside of US without working for the pr...

    Stuart’s Answer

    These are complex questions and you need to speak with an attorney directly concerning the specifics of your case. noirmally I would suggest speaking with the attorney who handled the H-1B matter, but this person will have an ethical conflict given they also would have represented the company you are considering leaving.

    One thing I can tell you here: if you are looking to "reset" your six-year time by remaining outside the US for a year, you will need to be chosen in the H-1B lottery again. After a year abroad, you can chose to use your remaining L/H time and not have to go through the lottery again (if your H-1b was approved in the lat six years), OR go through the H-1b lottery again and get a fresh six-year period if selected...but not both.

    Contact a lawyer for a consultation on the merits of your own specific case.

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