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Alexander Joseph Segal
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Alexander Segal’s Answers

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  • 1. Can I apply for SSN now using my I-797A and I94 in it? 2. Can I work directly with my I-797A and I94 or I need do COS?

    Hi, I got H1B (I-797A) approved in September 2015 with change of status from H4 to H1 (i.e. I got I94 along with my H1B approved). But when this petition was approved, I was in India and travelled to USA on H4 visa in November 2015. I have bel...

    Alexander’s Answer

    No since you have abandoned your employer's H1B status change request for you when you traveled unless the H1B related I94 validity day falls after your returned on H4. If that is the case, you can, since you are not on H1B.

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  • How long can I remain out of the USA and still maintain my permanent resident status

    I'm a permanent resident and would like to travel out of the US to Canada for an extended period.

    Alexander’s Answer

    Up to 364 days, provided you maintain sufficient ties to the USA and intention to continue your residency here permanently. You will delay your naturalization eligibility with such travel by at least 4 years and one day counting from the day you return to the USA from an international trip that lasted longer than 180 days.

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  • Can I apply for naturalization now or should I wait longer?

    Thanks for your help. In 2006, I came to the USA on a student visa. In 2009, I was convicted of battery- first degree misdemeanor- and of Resisting officer without violence- first degree misdemeanor- in Florida. I became a legal resident in 2011. ...

    Alexander’s Answer

    You should take your conviction record to a local immigration attorney in Florida for a personalized record review and consultation before you apply for anything.

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  • What should I submit as proof of continuous employment? Did I make any mistake? Can that be corrected?

    I am an F-1 student currently on OPT. I recently got an RFE for OPT extension. Among other things they are asking for: "Documentary evidence of remuneration, such as pay stubs, bank statements showing automatic deposits, etc for the entire leng...

    Alexander’s Answer

    This question is ripe for a personalized consultation and an off the cuff answer on the interview blog.

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  • In G-325A should the name from expired residency be listed?

    My usc husband had a residency in Italy which expired in November last year, his name was spelled different on his residency card. Now filling out his G-325A where it requires "All other names used" should he put that name? Thanks!

    Alexander’s Answer

    You have to answer to all questions on all USCIS forms truthfully and to the best of your ability disclose the information requested.

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  • Can two different USCIS cases get approved?

    I have been reading questions and answers on this site but I could not get the exact answer I was looking for. Here are my unanswered questions 1. I understand that If you filed for an asylum, but your employer applied for H-1B, applications wo...

    Alexander’s Answer

    Each petition stand on its own. This is why you pay a fee for it. Whether one would influence adjudication of the other is a question of fact to be determined after the review of both. You do not seem to really understand it as you claim you do. Otherwise you would not have been asking this question in the wording you did. If your asylum application was approved at any time, you would have become an asylee a permanent -sort of - status in the USA which puts you on a path to legal permanent residency. Of you H is subsequently approved even with the change of status it would not terminate your asylee status or derail your path to legal residency in the future. In fact, it would become useless since you could work for the employer as an asylee whether you have EAD or H1B petition approved since employment authorization is incident to asylee status and requires no other document to be in effect. If the H was granted first and asylum later the same scenario would apply. The grant would have rendered the H useless and unnecessary. You should have a good talk to your lawyer about these things or if you do not have one, have a consultation with an immigration lawyer where you should discuss this and many other related matters.

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  • Still take as i am under 245(I) eligibilty

    My I290 B has been pending for close to 11 months now and CIS ODUMBUSMAN ENQUIRY pending for 5 months. How long shall it

    Alexander’s Answer

    Who knows without getting familiar with the record?

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  • Will I be able to get a green card even if my sponsor( soon to be ex wife) is filing for divorce?

    My spouse sponsored me with an I 130 because I am here illegally. I got an approved I 130 We did the I 485 as well. My home country is Mexico. We have been separated for about 2 months, we were married for 17 years and have two U.S born children....

    Alexander’s Answer

    You might want to talk to a good immigration lawyer in California or wherever you are, about the BIA decision in the Matter of Boromand. See below.

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  • Will my J2 child need to an EAD (I-765) for summer internship at a hospital that requires SSN on application form?

    My son is in 10th grade and on J2 status, while I am on J1. He wants to pursue medicine and in that regard in interested in a summer internship in a clinic/hospital. This is a common practice for high school students (in US) who wish to study medi...

    Alexander’s Answer

    One needs to be employment authorized to work in the uSA even on an internship.

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