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Stuart Jonas Reich

Stuart Reich’s Answers

3,454 total

  • Are we going to be denied ?

    My wife being the USC filed i-130 without sending any evidence, then she received 797C and filed I-129F with copies of her naturalization, marriage certificate and divorce certificate. Today we got RFE from USCIS requested for us to submit again ...

    Stuart’s Answer

    I agree with my colleagues - you really do need to consult an attorney; it doesn't sound like this was sufficiently documented.

    I'm going to assume that the I-129 F was filed to get aK-3 based on the marriage/pending I-130 rather than for a fiance petition (for which you wouldn't qualify if already married). very often the timing of the K-3 just doesn't work - I often tell my clients this isn't worth the effort or expense to do.

    Seek counsel form a qualified attorney before responding to the RFE.

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  • Temporary GC expiring in June 2016 and divorcing my US Spouse. He's threatening to withdraw his sponsorship, what should I do?

    I'm on a temporary GC that will expire in June 2016. We were married in good faith for a little over 2 years and the relationship didn't work, so we are getting divorced soon. I have plenty of proof that we had a bonafide marriage. My US spouse is...

    Stuart’s Answer

    It's true that the petition to remove conditions can't be approved before there is a final divorce decree (but it needs to be file in the three months leading up to the expiration of the conditional card next summer, anyway).

    Your spouse can write a letter to USCIS saying whatever he wishes, but he can't really "withdraw" sponsorship at this point. You will still be able to remove conditions if you can prove that the marriage is bona fide.

    You should definitely continue to seek the guidance of a qualified attorney as you go through this process -your spouse's threat do NOT mean that this can't be done sucessfully.

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    Stuart’s Answer

    There really isn't enough information here to allow us to determine an answer - at least not in this positing of the question. We would need to know your category and using that information check to see if your priority date is current (be it for filing or actual final action).

    Also, not clear what "expires" here.

    Consult an attorney directly for guidance specific to your case.

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  • Does filing form i130 affect opt?

    If a student get married to a permanent resident and his spouse file i130 for him and only 5 months have remained to his graduation and he has not yet received any response from immigration, is he able to apply for opt after his graduation or he w...

    Stuart’s Answer

    I agree with my colleague - the marriage-based case shouldn't impact OPT eligibility.

    However, there are other issues concerning travel you should be aware of - and overall maintenance of status and timing of ability to file the final stage of this is something for which you should have a plan.

    Consult an attorney for further guidance.

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  • Can i Apply for EB1-C on H1b or L1A now?

    Hi there, I am on H1b visa in US since 2013 Dec. Prior to that I was a manager in the same Org for 2 yrs (2012 and 2013) before i flew to US. My role will be changed to a service delivery lead in couple of months. Should i change my visa to L1A or...

    Stuart’s Answer

    I agree with my colleague - there is no requirement that you be on an L-1A to petition in the EB-1 Multinational or Executive permanent residence category. You simply need to meet the requirements for that category (you likely meet the L-1A requirements as well, but that doesn't mean you need to switch first form H-1b to L-1A).

    consult an attorney for further guidance.

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  • Work Remotely on H1b - Full time employee

    I am full time employee of company A on H1b and working for In-House project now my company has given work from home option from other state for some period. The duties and roles are same. As per my company an LCA need to be changed. ...

    Stuart’s Answer

    I agree with my colleagues here - the employer ultimately "owns: the application and is the responsible party.

    Were I advising the employer (and hopefully someone is), I would have to explain that the Matter of Simeo case from earlier this year mandates a full amendment any time there is a change in LCA. In other words, any change in the LCA - even adding one to an existing LCA without replacing - is considered a "material change" which requires a full amendment.

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  • Setting up an LLC (I am on an H1B) I will still remain an employee of the original company and start my GC as their employee

    I work at a company.The software that I wrote brought in big revenue and now the employer is trying to expand it. I asked for a share and proposed setting up an LLC. As an employee I had to sign a document which said that they own the rights. Howe...

    Stuart’s Answer

    Certain elements of your question implicate contract law and intellectual property law - and I suggest speaking with lawyers in those fields.

    On the immigration side, you can start a company/form an LLC in your H status, but doing any productive work for that company violates your H-1B and could cause issues for a later green card filing. There is some possibility of getting a separate, concurrent H-1B for the LLC alongside your current H-1B, but if you have enough of an ownership interest in the LLC this could prove difficult.

    Of course, your company is under no obligation to proceed with a green card matter and can always use a threat of stopping such a process as a bargaining chip.

    Speak with an immigration lawyer about the green card side of this, and intellectual property and contract lawyers about the prior document you signed and assignment of intellectual property rights.

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  • If I know of a company that is employing Illegal immigrants who do I report it to?

    They reportedly hire illegals on a regular basis.

    Stuart’s Answer

    You mention that you "know of" a company employing people not authorized to work, but then say "they reportedly" hire such people.

    Obviously you have every right to report any violation of law, immigration or otherwise - I just suggest being very sure of your facts before moving forward. Rumors or your own suspicions, without more, doesn't mean that's really what's going on.

    Many people make incorrect assumptions based on perceived ethnicity of workers - there's really no way to know by looking at someone what their immigration status is or whether they are authorized to work in the US; there are many, many ways an individual might have acquired lawful status.

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  • If A us citizen files I-130 for his father + I-485 - can the father stay here after his I-94 expire ?

    I have a question regarding family petition for parents: A US citizen wants to bring his parents to live in the US. His father is in the US now on a tourist visa (I-94 expired 1/10/2016) and the mother is still in her country. For th...

    Stuart’s Answer

    Speak with an attorney for guidance relevant to your specific situation.

    Yes, a father can stay past the I-94 expiration with an I-130/I-485 timely filed (filed before that visitor visa expiration date. However, there are timing issues from point of entry that should be explored beofre you file anything.

    On the mother, you mention filing the I-130 in her country - not sure if this meant actually filing it there or simply filing here for notification of the consulate there/final stage processing there. There are circumstances where an I-130 can be filed abroad, but it isn't clear these are met here.

    speak with an attorney to understand what's involved...

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  • I have applied for the National Interest Waiver (NIW) since July 2015. I didn't fill the i-485 is it legal to stay in US

    I was working under H-1B which expired in Oct. 30, 2015. Does my employer still have time to make the extension.

    Stuart’s Answer

    You desperately need to speak with an attorney.

    I agree with my colleague - you are now out of status, and need to so something about filing a new H-1B quickly, likely waiting for approval out of the US.

    Filing an adjustment before reentry can be problematic - there is a provision which forgives a lapse of status or unauthorized employment of six months or less for Adjustment purposes - but this gives you no immediate status, and the employment authorization that can be requested along with the adjustment filing would take 3-4 months to come through - so continuing to work without authorization would be an ongoing violation for quite a while.

    Best to repair your non-immigrant status by obtaining a new H-1B and returning, then filing the adjustment.

    Speak with a lawyer for further guidance - fast.

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