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Alexander Joseph Segal

Alexander Segal’s Answers

41,369 total


  • Vacation between job switching on H1B

    My H1 B visa for company A is valid till Feb 2016 and now I got new H1 from company B till Feb,2017. I want to take a 2-3 day vacation after quitting Company A and Before joining Company B . Will I be out of status due to this since none of the co...

    Alexander’s Answer

    Depends on how your employment start or end day is structured. For instance if you have still-not-utilized vacation time as part of the current employment or a first week paid bonus as part of the new employment than you will not be out of status.

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  • Termination of removal order

    Can BIA open proceedings and terminate removal order to allow an applicant obtaining provisional waiver of inadmissibility before going to attend interview at US consulate and get immigrant visa without delay. Has this ever happened.

    Alexander’s Answer

    SO far, the BIA has taken a position it would not do that under its Sua Sponte authority. You can try and take the Joint Motion route but DHS is not very eager either to join in these circumstances. You can try to seek the waiver and once approved than file the joint motion. The instructions on USCIS website are contradictory at best whether that could be the route to take.

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  • Need stamping if we change the employer?

    Im in India, having valid H1B visa, never traveled. I would like to change my employer as there is no enough opportunity with my current employer. Do I need to again go for stamping if I change my current employer? If my current employer comes t...

    Alexander’s Answer

    No, you do not need another H1B visa during the validity of the one you have, provided your new employer timely filed and promptly gets the amendment approved.

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  • Can you apply for a H4 and EAD together? And how long does it take.

    I'm on H1 and would like to change to H4 status and also apply for EAD as my husband has his I-140 approved. How long does it take to get both a new H4 and EAD to be able to start working under it. Thanks !

    Alexander’s Answer

    YEs you can if you are potentially eligible for the EAD at the time of your application for H4.

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  • If I was here unlawfully for more than 1 yr & then receive a removal order, am I barred to return for 15 yrs+ or only 10 years?

    5 yrs for the deportation order and then 10 years for unlawful presence? I am being punished twice? I don't understand how getting VD waives the 5 year penalty but then I am barred for 10 years for unlawful presence (unless I get a waiver)...this ...

    Alexander’s Answer

    Depends on the type of the removal order. If the order was entered in your absence, than the term is five years. If you where present at the hearing and ordered removal, ten years. On tope of that, you might be barred for ten years for overstaying or being present in the USA unlawfully for a period of longer than 10 years. That one only kicks in if you leave. For the first two the clock does not start ticking until you leave the USA.

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  • Im not happy about the immigration center in this town. its bringing too much unnecessary attention

    so i filed a complaint in court asking for it to be shut down and i sued it for intentionally inflicting emotional distress now they filed paperwork back asking me to pay thousands of dollars in attorneys fees. why did they do that? they are the o...

    Alexander’s Answer

    You are asking a question which has to do with the policy of enforcement and US immigration law and logistics of US Immigration law implementation, not US immigration law itself. I am not sure we are equipped to answer this question.

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  • Does accepting Canadian Citizenship impact US Green Card Process ?

    I am Indian Citizen, have worked in US for around 10 years from 2002, in between was in Canada for few years on PR. US consulting firm had applied for my GC process, I140 is approved, am planning to return back to US on H1B. While I was in Canada...

    Alexander’s Answer

    US as a country and as immigration system, could not care less whether you have become a citizen of Canada. The only exception that would have been if your adjustment of status application was based on refugee status.

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  • I am married to a us citizen now when i first came to the united states i filed asylum application saying space aliens will

    abduct me if i have to go back to Russia they denied it now the uscis wont grant my adjustment of status because my i-589 was previously denied is there any way to still get my green card

    Alexander’s Answer

    Well. One would need to review the record to opinion. The way worded, your application could have been found frivolous in which case, you can pack your bags and go home since there is no waiver from that. Hence, review of the record by an immigration lawyer would be beneficial for you and the assessment of your chances to succeed. That is if your marriage application is stronger in terms of credibility than the "creative" asylum application you filed.

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  • Getting a new h4 with i539 abandoned, due to moving out of USA while i 539 was in process.

    My visa is h4, expired this year, i 94 is valid till next year.. Jut wanted to check that if I travel this time with my husband's approved i 797, what are the chances that I will get a new h4? would the abandoned i 539 have an impact on any visa p...

    Alexander’s Answer

    No. Your application for change of status having been deemed abandoned is not a substantive denial, which could have had an impact on your future visa or admission application. It is a procedural result brought about by the operation of law.

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  • Are we eligible for Direct consular filing for marriage-based Green Card?

    Me and my wife are planning to file for immediate family based immigrant visa for her. I am an American citizen, also I got granted permanent residency of her home country about 7 months ago. Both me and my wife are currently residing here. My que...

    Alexander’s Answer

    DCF requires presence of two major eligibility requirements. 1. Residence abroad for at least six months. 2. Presence of the DFC capability at the local consulate. The rest of the issues having to do with ordinary I-130 eligibility plus the requirement that you convince the consulate you have taken actual steps in the direction of relocating to the USA upon approval of the immigrant visa for the spouse. You application for permanent residency in that country is not required.

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