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Marc Damien Sean Taylor

Marc Taylor’s Answers

1,278 total

  • Gap in employment on H-1B after lay off and international travel

    Posting this question on behalf of my friend, - Laid off from company A in Sep 15th 2012 while on h1b (stamp valid till sep 2014 and I-94 valid till oct 2014) - Got another job in company B and petition received by uscis on Oct 25 2012...

    Marc’s Answer

    I agree with my colleague, she needs to sit down for a consultation.

    This is not the place to get the detailed analysis that she needs.

    She can get a referral from this site or

    See question 
  • Can a non-US citizen change their name here in the US (PA), w/o changing it in their native country? Follow regular PA laws?

    My fiance is here on an F-1 student visa (good until 2016). We're getting married 9/2014. He wants to change his name legally in the US (but not in his native country- wants to keep passport, birth cert, etc as is for now). We will be residing ...

    Marc’s Answer

    This is not an immigration question.

    If he is not planning to change any of his documents, then why would he change his name?

    If you are planning on filing any immigration documentation, using the new name, then it will not match any of his documentation. This may raise issues as to why he wants a different name in the US.

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  • H4 when H1 employer gets changed

    I have now transferred H1 from Employer A to B. Should I ask my employer to transfer H4 of my spouse and kid too or can they remain in the US in same H4 applied thru Employer A because the petition expiry of my H1 (and hence their H4) remains the ...

    Marc’s Answer

    You do not transfer an H-4. As long as you are in valid H-1B status and their H-4s are not expired, they are fine.

    Remember, their status is tied to your H-1B status, not the employer.

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  • How much is a consultation?

    My case got denied and I need help. It was a work permit. I have 30 days to send a I-290B

    Marc’s Answer

    I agree with my colleague that you could probably get the initial consultation free.

    You can also do a search on this website or at

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  • Why NVC said I used an outdated form of Affidavit of Support I-864, I completed the 03/22/2013 edition which they said.

    My wife is on F2A category,her PD is August 30,2011. I'm a green card holder and I have filed the I-130 for my wife outside of US. Her PD is already current since July 2013.I sent Affidavit of Support I-864 but they sent me an e-mail saying I us...

    Marc’s Answer

    The March 22, 2013 version is the most recent one, so if that is the one you used you did not use an outdated form. Double check your copy to make sure.

    Also, you can try calling or emailing the NVC to review the petition you filed. Or you can just resend another another I-864.

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  • Possible interfering of F4 application with OPT

    I believe it's a tough sister filed a F4 application for me in 2008, in 2010 I got a NVC number, realizing it would be a long waiting period. In same 2010, I got accepted to the US University and obtained F-1, although initially it was d...

    Marc’s Answer

    It should not affect your ability to obtain the OPT. You can also speak to your DSO as they may have dealt with the same issue before.

    Yes, your sister can withdraw her petition, if you wish.

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  • Specialty Occupation Position for H1b, how to prove?

    I have received RFE on my H1b application, and is asked to prove why this position is specialty position? My employer has filed LCA for Data Warehouse Analyst position, and I posses a 4years US equivalent advance degree course in computer science....

    Marc’s Answer

    Your employer should hire an attorney to respond to the RFE to ensure that the requirements are clearly met.

    This is not the forum to determine if the evidence you are submitting is sufficient. Only a careful review and analysis by an attorney can help.

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  • How to effectively file for Expediton of I-130 ; minor child of U.S. citizen

    Dear Sir / Madam , I cannot afford a lawyer. Wife and I Adopted a 5 year old Philipino girl. Wife presently residing with child away from home for 2 years to fulfill all immigration requirements. About to file I-130 . Please instruct how to ef...

    Marc’s Answer

    USCIS reviews all expedite requests on a case-by-case basis. The burden is on you to demonstrate that one or more of the following criteria have been met:
    1. Severe financial loss.
    2. Extreme emergent situation.
    3. Humanitarian situation.

    There are many organizations that provide free immigration legal services. This is the link for the Department of Justice listing -

    Good luck.

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  • Are there any predictions or idea of F2A category remaining at SEP 8, 2013 for India, in Dec 2013 or moving forward or backward?

    Are there any directions given by USCIS about the priority dates moving forward or backward or staying as is, for the F2A category in the month of december? Thank you very much to all the experts.

    Marc’s Answer

    Unfortunately, there are always rumors on the Visa Bulletin and if it will retrogress or not.

    Only thing you can do is wait for the December bulletin to be released (around November 10 or so).

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  • How much time does it take to process affidavit of support (approved i-130 for spouse residing outside US)?

    i have payed the affidavit of support fee online , as soon as the fee gets cleared can i send out the affidavit of support form or should i wait for any instructions from NVC? Also i was wondering how much time does NVC take to process AOS an...

    Marc’s Answer

    If you already paid the fees to NVC, then you should have received the instructions.

    Look at the notice that you received. There is a website link that you are instructed to review to determine what documents you need to send. Your spouse must also complete the DS-260 online.

    You should start gathering ALL the required documents and send them at the same time. Do not send them one at a time. This will only delay your case.

    Usually within 1-3 months if you have provided all the required supporting documents, you will either get the interview date or an email stating that the pre-processing has been completed (they are waiting for an interview). Remember, some consulates are busier than others and it will take some time to get the interview date.

    If you are still unsure how to proceed, the best thing you can do is to hire an attorney, whether myself or a colleague, to ensure that this is handled correctly.

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