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Alexander Joseph Segal
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Alexander Segal’s Answers

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  • Is my 6 year clock is reset?

    I stayed in US from Setp 2010 to April 2014 on L1-B VIsa (3.5 years). Then travelled to India and my employer filed H1B for me in same year 2014. I again came back to US in May 2015 (i.e after staying in india for one year one month) Can you pleas...

    Alexander’s Answer

    Yes if the H1B was approved SUBJECT to CAP, you have reset your clock in my opinion.

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  • How long it will take my case at the NVC before getting to the consular.

    My case is at the NVC. Though I have paid the AOS and IV fees. Remaining submission of affidavit of support forms and civil documents.

    Alexander’s Answer

    A few months. It is not moving very fast nowadays.

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  • How many days i am allowed to work if approval is pending? Now My end client is ready to transfer my H1 to them.Can they do it?

    I am working on H1 with company A from 2011. My green card processing also started with company A and i got my I140 approved. I am working in EVC model with same client at cleint location for past 3 years (A is my Employer->Vendor in between->End ...

    Alexander’s Answer

    I agree. The idea of getting advice form the internet on a specific case is not a wise one.

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  • After I was denied work permit, do I have to send the I-765 application again or to file I-290B motion will be enough?

    I have a pending asylum. My application for EAD was denied because I sent it a bit earlier(After I-589 was received 141 days passed instead of 150). Now, the letter came to file I-290B to reconsider. What are my chances now to get work permit any...

    Alexander’s Answer

    You can only filed after 150 days. There is nothing to appeal. Refile. It is free.

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  • What language is the K-1 Visa interview going to be in?

    I am an Iranian citizen and my Fiance is an American Citizen. What language will my embassy interview be in for my K-1 visa? English or Farsi? My English is not very good.

    Alexander’s Answer

    Either. Depends on what you are going to ask them to do. I suggest you prefer English and make it less stressful for the consulate which is not in Iran.

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  • How often does USCIS field offices request files (cases) from NBC for processing/adjudication? Is it every day/weekly/bi-weekly?

    Pending I485 (Family based -Immediate Relative) at NBC since 06-26-2015. Did AR11 twice. Infopass appointment yesterday at SNA local office revealed that case is still at the NBC and the local office hasnt requested the file. The zip code on the...

    Alexander’s Answer

    The Agency has been of the opinion for a while that spreading work around facilitates efficiency and speeds up adjudications. Hence, these types of transfers are common.

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  • I have a TPS from El Salvador. Can I travel to Hawaii without any issues? Only with my TPS and my driver's license.

    I'm a TPS holder (El Salvador) and my husband and I want to go to Hawaii for our honeymoon. We got married in 2013 but we postponed a nice trip for our honeymoon until after we were settled in Florida. Now we have filed for adjustment of status bu...

    Alexander’s Answer

    Yes you can travel. Below is the list of documentation required to board a domestic plane.

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  • Can i get Indian Passport with Bangladesh birth certificate ?

    My parents are Indian Citizens, but I was born at Bangladesh in 1991. 1 month After born, I came to India. Currently, its been 25 years, I have been staying in India.Can I apply for Indian passport with Bangladesh birth certificate ?

    Alexander’s Answer

    Well.... you are in a wrong place with this question. This forum is about American jurisprudence.

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  • What is the procedure to port my current EB3 application to EB2 category? Or rather is it even possible to do that?

    I have my PERM and I-140 (EB-3 category) approved and my 3 year H1-B extension (post 6 years) has also been approved. There are chances of my promotion within the same department. It's more of a lateral move and the salary hike is not going to be...

    Alexander’s Answer

    I am also doubtful of your ability to port in this scenario.

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  • Can I get the permanent resident with C14 work permit?

    We have a kid who is ill and USCIS granted us the C14 work permit but I was wonder if I cane get a permanent status as my child needs our help every day. Thanks

    Alexander’s Answer

    You cannot leap from DACA to permanent residence without independent eligibility for permanent residency and proof of legal entry, work permit or not.

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