Skip to main content
Stuart Jonas Reich
Avvo
Pro

Stuart Reich’s Answers

3,328 total


  • After employment based immigration I-485 approval, does the USCIS perform fruther investigations?

    DO they investigate if the employee is working part-time or full-time, and do they check for income and whether it matches what was documented in I-140? How do they do that? DO they ask for RFE?

    Stuart’s Answer

    While such investigations are rare, they aren't unheard of. I agree with my colleague that - absent an upset employer or someone else with a grudge purposely bringing and discrepancy to the government's attention, the most likely occasion for inconsistencies between the job offered and what actually happened after approval to arise is in the context of a later naturalization application.

    This all said, the important thing is that at all times while the case was pending it was both the individual's and the employer's intent that the individual would work in the job offered, on the terms stated (pay/hours/place etc.) It IS possible that circumstances change at some point after approval.

    If you are concerned because after approval, a different situation than was envisioned in the case will prevail, speak with an attorney about your concerns.

    See question 
  • H1B Amendment

    What is the cost of H1B Amendment?

    Stuart’s Answer

    You would need to speak with an attorney directly - legal fees depend upon the nature of the case, potential complications requiring additional work, materials you already have available vs, what would need to be created from the beginning, etc.

    Government fees are pretty standard, and to some extent can be determined here: http://www.uscis.gov/forms/h-and-l-filing-fees-form-i-129-petition-nonimmigrant-worker

    See question 
  • My divorce was not finally completed before I remarry, will this denied my petition or even lead to deportation?

    On my interview day the officer found out that the final date on my divorce decree is 06/2014 and I remarry on 03/2014 which means that I was married to both women at the same time,but in my country ones the both families came together and agree ...

    Stuart’s Answer

    I agree with my colleague - the only way around this is if you can prove that the divorce was legally valid on a date before your current marriage. This means not only consulting an immigration lawyer here, but you will also likely need the help of a lawyer in your home country and will need to obtain documentation of whatever ruling or ceremony took place to legalize the divorce as well as documentation of the law over there that permits it.

    See question 
  • Can a student of J-1 visa continue to stay in the U.S. after their academic program?

    Hello, I'm an international student from Cameroon on a J-1 visa in the U.S. It states there that I have a 2 years home rule stay after I graduate from school. I wanted to find out if there are any options to waive the 2 years home stay rule to ena...

    Stuart’s Answer

    You would need to speak with an attorney directly concerning options for a waiver of the two-year requirement - there are several possible ways to get a waiver, and likelihood of success depends on nature of program, reason you are subject to the requirement, your home country, your family situation here, and other factors.

    However, you may be eligible for certain other visa types which don't require that you have either served the two years or obtained a waiver. Each of these types is for a specific purpose - so again, you would want to explore what you want to do and your options for doing it with an immigration lawyer directly.

    See question 
  • I765-form- Place of last entry in to US

    Hi all My wife came to US via Abu dhabi to JFK and Customs clearance was done at Abu dhabi only .If i am checking the I94 site ,Port of entry is given as Abu dhabi.So what I have to enter in I765 form for " Place of last entry in to US" ...

    Stuart’s Answer

    If it'll fit, I would present as "JFK/NYC (Abu Dhabi PFI)"

    But, speak with an attorney for further guidance on your filing.

    See question 
  • Does the suspension of Premium Processing affect H1B cap extempt petitions filed outside US utilising the H1B remainder option?

    My H1B expired Oct-2014 (I had stayed and worked in H1B from Dec 2011 to June-2014) Left US in June 2014 and got my Visa stamped in July 2014 but didn't go back to the US. Now, I have an offer and planning to utilize the H1-B remainder option for...

    Stuart’s Answer

    I would address this with the attorney filing the case directly.

    while the USCIS announcement on the premium processing suspension is ambiguous, I would argue that this would not be an "extension" subject to the Premium Processing suspension. This would be new employment which is simply not subject to the cap, rather than an extension.

    But, I do think this argument has to be made very clearly - and very obviously apparent - when filing the case (which means that it has to be presented in such a way that the argument is obvious even to the mail room workers who do the case intake).

    Consult an attorney directly for further guidance.

    See question 
  • Can H1B do paid work outside us?

    I am a Chinese national and currently working full-time in the U.S. I only have one H1B in the U.S, which is sponsored by company A. I have been approached for a paid activity in China (teach a 5-day course/workshop of a professional conf...

    Stuart’s Answer

    While you should consult an attorney to provide all details and obtain more specific advice, I think it unlikely that this would violate the terms of the H-1B; any work (even prep work done here) benefits only a non-?US employer and would be under the direction and control of that non-US employer.

    See question 
  • Visa application has been granted for my UK national 41 year old IT worker son. Is there any way to shorten the wait time?

    He was offered a position last year in H1 lottery but didn't get drawn He has extensive Microsoft experience working mainly in finance sector My health is deteriorating and we want to quicken the process I'm a US citizen and rest of fa...

    Stuart’s Answer

    There really isn't enough information here to be able to address your question. I suggest that you and your son consult an immigration attorney.

    It appears that you may have filed a family-based petition for him (though it isn't completely clear what you mean by "visa application granted" - I'm taking this to mean a family first or third preference petition, which would in fact have a long wait for immigrant visa availability). No real way to shorten this wait time; the obvious work-around is the work visa route that's already been tried.

    There may be other visas for employment other than the H-1B for which someone at that stage of their career may be eligible, though. I would explore this further with a qualified immigration lawyer, providing a resume for your son in advance of the discussion.

    See question 
  • H1 transfer Denial

    Question 1 - a) Currently Employed with Employer - A, have 2 offers one from B and other from C. b) H1 transfer is approved with B c) H1 transfer is pending with C I am planning to join Employer C based on H1 receipt, and here ...

    Stuart’s Answer

    This is more complex and involved a set of questions than can really be answered here - you need to consult with an attorney directly.

    There are questions which would need to be answered in order to provide any meaningful advice - among them the relative filing dates of the B and C petitions, the start date of the B petition (they may not have the option of pushing back your start date on that, even if they want to and haven't yet revoked the petition), and exactly what you mean in the final option you present (I think a part was cut off and this is less than clear).

    Seek legal counsel.

    See question 
  • H1 amendment and transfer

    Hi, My employer is filing H1 amendment in premium processing . My question is can I initiate , H1 transfer process at the same time when my h1 amendment is in process? Thanks in advance.

    Stuart’s Answer

    Yes, a new employer can file to transfer your employment even while an amendment is pending.

    the only concern would be which is last approved, and so in force (if the new employer's petition is approved before the amendment, you would want to make sure the current employer withdraws the amendment petition).

    Speak with a lawyer directly for further guidance.

    See question