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Stuart Jonas Reich
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Stuart Reich’s Answers

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  • Will my h1b get approved ?

    My client was not providing End client letter to anyone in the team. So i didnt get it. ------------------------------------------------------- The documents that I gave are: 1. Business Relationship manager letter. ...

    Stuart’s Answer

    I would hope you have an attorney handling this - what does that attorney say?

    This definitely requires a full discussion - without seeing the actual materials submitted, there's really no way to predict outcome here - particularly on the control issue.

    With regard to the specialty occupation issue/relevance of degree (because you are asking the question, I'm assuming that the JOB isn't mechanical engineering but rather computer-related, or this wouldn't be so much of an issue), this revolves around the justification and argument provided in the response letter and what evidence can be p[resented that your specific coursework is relevant to the job duties.

    Speak with an attorney - preferably the one handling this, but you can always get a second opinion as well.

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  • H1B rejected in 2005

    Now i want to apply for H1B visa again from chennai US consulate, what is chance of getting visa approved. How many year they will keep my preivous visa document which filed in 2005. because i completely changed my expereince and worked in man...

    Stuart’s Answer

    You desperately need to speak with an attorney directly on this. Far more information is needed to advise you.

    It's unclear whether your H-1B was denied by ?USCIS or approved by USCIS and then a stamp was denied at the consulate. It is highly likely you would again be subject to the cap again, and unclear whether you have a new sponsor lined up for this or even a continuing offer of a position from the original sponsor.

    Speak with an attorney.

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  • Immigration

    Immigration form I-130 requires G-325A form to be accompanied for both petitioner and his spouse. In G-325A form it asks for applicant's address etc. Since both petitioner and his spouse need to have their own G-325A form, is the USCIS considering...

    Stuart’s Answer

    Addresses on each should be for the person named/signing. For an I-130 there really is no "applicant" - there is the petitioner (the US citizen or permanent resident filing for someone) and a beneficiary (the person being filed for).

    USCIS forms are often confusingly worded, hence the need for attorney guidance. Speak with an attorney for further guidance on your case.

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  • I need to show 35000 for my parents affidavit of support and iam lacking 12000 what to do???

    My wife and son is dependent on me and iam applying for my parents adjustment of status i need to show 35000 but iam lacking 12000 my sister ask a lawyer he said she can send me 12000 from another country into my bank account and i can show that a...

    Stuart’s Answer

    You need to speak with an attorney yourself.

    I agree you are right to be concerned by this "trick" - first, it's fraud and could get you in very serious trouble as well as having your parents' cases denied.

    Second, it shows additional assets but not income - not clear which you are using/which you are "short of."

    Third, there are other ways to deal with this such as a joint affidavit from someone else (perhaps you have a brother or sister or other relative or friend of the family living in the US as a citizen or permanent resident who can supply a joint affidavit of support - see link to legal guide on this).

    Speak with an attorney for further options.

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  • Conditional green card

    How long can i stay out of U.S if i had conditional green card ? Will it effecting me for getting 10 years green card?

    Stuart’s Answer

    I agree with my colleagues -you need to speak with an immigration attorney before leaving.

    The rules are the same for conditional as for unconditional permanent residence -you risk abandonment if you don't maintain sufficiently strong ties to the US, and while not the only indicator of US ties physical presence in the country is one of the strongest/most looked to.

    Depending upon the amount of time spent abroad, you may wish to obtain a reentry permit before leaving. there are also implications for later naturalization eligibility you should address with an attorney before leaving.

    Speak with a lawyer before making any decisions.

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  • How can I get access to or obtain a copy of a person´s past USA immigration history?

    I am trying to help a person who wants me to help fill out a tourist visa application. But this person does not remember all of the details of his entrances and leaving from US to Mexico. He does admit to some traffic violations and working in th...

    Stuart’s Answer

    A Freedom of Information Act (FOIA) request to Customs and Border Enforcement, as my colleague notes, should get information about immigration history. These often take time to come through, however.

    One possible shortcut is to bring up the person's most recent I-94 in the online I-94 system here: https://i94.cbp.dhs.gov/ - there is a button for "Travel History," though this will normally only o back a few years -since this electronic system was only put in place a few years back.

    With regard to any criminal history, you can obtain a "rap sheet" form the FBI by following the instructions here: https://www.fbi.gov/about-us/cjis/identity-history-summary-checks, though this may not bring up traffic tickets. Unauthorized employment won't be recorded anywhere criminally, but needs to be honestly disclosed on any forms.

    I think you and your friend should consult an attorney for further guidance.

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  • Travel back to US on H4 while husband H1B amendment in progress

    Hi, I m on H4 with valid visa till Aug 2017. I came to india in July 2015. My husband work location has changed in Aug and H1b amendment is filed. I have old I797 petition . Im travelling back to US in Sept. Is it ok to travel with old I...

    Stuart’s Answer

    I agree with my colleagues - as long as you have a valid H-4 stamp and your husband is still in valid H-1B status (which he is with the timely-filed amendment petition pending), there should be no issue in reentering.

    The latest LCA shouldn't be necessary -this will have no impact on entry.

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  • Can I apply for a waiver before I apply for a K1 visa to join my fiancé in the USA if I overstayed my last visit?

    My fiancé is an American Citizen and I am from another country living outside the USA. He wants to apply for the K1 Visa but I also need a waiver to enter the USA since I overstayed my stay. Can I apply for the waiver first since the K1 visa...

    Stuart’s Answer

    I'm assuming for the purposes of your question that your overstay was sufficiently long before you left that the act of leaving triggered a reentry bar - you should really confirm this with an attorney.

    If this is the case, as my colleagues not the waiver can only be filed with the consulate, and then only after the consulate identifies the problem and refuses the visa.

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  • Can I file Divorce from US being a Green card holder?

    I am a Green Card holder and I live & work in US since a year. My spouse lives & work in Philippines but both of us are Indian citizens. We got married in India in 2012 and since my Green Card was about to get expired, I moved to US. We have been...

    Stuart’s Answer

    This is really more of a divorce/family law question than an immigration question - depends on jurisdictional issues with divorce and family courts where you are. You need to consult a divorce attorney.

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  • L2 to L1 visa conversion

    My employer is filing L1B for me. My husband's employer can file L1B for him only ones he completes 1 year. He has joined company 8 months back only. I know he can work on L2 in USA. But we prefer to be independent of each other, say if I lose my ...

    Stuart’s Answer

    The short answer is no - only time spent working for the employer abroad counts towards the one-year-out-of-the-last-three requirement for L-1 purposes. any time spend physically in the US would be subtracted from time on board with the company for purposes of determining eligibility.

    While the case might be approved at USCIS, often something like this is caught at the consular interview for the visa and the case sent back for revocation.

    Speak with an attorney for further guidance.

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