Skip to main content
Elise Laine Perkul

Elise Perkul’s Answers

14 total


  • Complicated situation on H1 to H4 COS

    Hi, please help me with this critical situation. I entered in USA with H4 visa in March 2013 then I applied for H1 visa through consultancy company in april 2014 and fortunately got it approved in OCT 2014.I started working on project in Nov 21st...

    Elise’s Answer

    It appears you are out of status and without being on lawful immigration status a change in status is not possible. You will need to leave the US and return in H-4 valid status so long as you do not have any previous accrual of unlawful presence of 180 days or more which we are not aware.

    See question 
  • Hey my name is margarita can my now husband stay in ny after being deported twice we have 2 kids born In us am also born in us

    Has only 240.20 00 convictions

    Elise’s Answer

    The answer to this question is not a simple one. On the face it sounds like he may be an applicant for DAPA but you will need to consult with an immigration lawyer.

    See question 
  • Which to pick for "This form is submitted in connection with application for: " of G-325A

    Me, alien: married to a US citizen, applying for green card. Shall I pick "Status as Permanent Resident"? My husband, sponsor/petitioner: file I-130 for me. Shall he pick "Other" and write " in support of spouse's I-130"? Thank you very much.

    Elise’s Answer

    Yes, that is correct.

    See question 
  • Can a J-1 program sponsor terminate the J-1 status based on the trainee's H-1B application?

    Hi, I entered the U.S. in September 2012 with J-1. It is a 12-month program until September, 2013. 2-year rule does not apply. Last March, a company applied H-1B for me, and the petition is pending. Last week, my current company received a...

    Elise’s Answer

    Many J-1 programs will have the J-1 exchange visitor (EV) sign a statement that the EV will not apply for a change in status to H-1B during the course of the J-1training. I'm not sure how it came to light that the J-1 sponsor learned of your H-1B petition but many times this is against the J-1 sponsor's own internal policy. You should check your contract/application with the J-1 sponsor.

    See question 
  • I am an international student that graduated in May 19th, what can I do to avoid penalty if i leave the country next month.

    I was conferred my degree on May 19th but there was still unfinished thesis work associated with a publication i had to do. I turned that work in but was not actually granted access to my transcripts or degree until September 6th. I have been out ...

    Elise’s Answer

    You have not indicated what immigration status you are/were in and have not explained how you are out of status. Also, you have not explained how or why you want to return to the U.S. in January. Please expand on your question.

    See question 
  • I m currently on f1visa and my company is applied for COS from F1-H1B.i am travleing to india,If h1 gets denied, can i com on F1

    Company filed COS from f1-h1 and i m travleing to india on end of sep as my wedding is on oct, now if h1b gets denied or rejected either here or in india, can i come back on my stamped existing F1 Visa or do i ve to come back to US only on H1B VI...

    Elise’s Answer

    • Selected as best answer

    If you leave the United States before your petition is approved, you will have abandoned your request to change status in the U.S. Your H-1B can still ulimately be approved, but you will need to apply for an H-1B visa abroad. If your H-1B petition is denied by USCIS, you can only return on your F-1 visa if you plan to return to complete your program, have a valid I-20 and have not violated the terms of your F-1 visa previously. In certain circumstances if your H-1B petition is approved (including the change in status) prior to your departure and if you are still on OPT with a valid F-1 visa and valid EAD, you can return to the U.S. on your F-1 visa and you will automatically change to H-1B status if you are in the U.S. on October 1st, however, you should discuss this with your attorney as it is a bit complicated.

    See question 
  • My wife got an yellow slip stating what i should send to them (US embassy ), what does the yellow slip means?

    My wife did her interview in jamaica, but was issued an yellow slip with instruction on what i should send to them, which was the tax transcript and w2. They say that they will contact her as soon as they got the requested document. They got the ...

    Elise’s Answer

    Your wife may contact the embassy to ensure that they received her documents. However, it usually takes a few days for the documents to be reviewed by a consular officer.

    See question 
  • Hi. I was wondering if it is possible to renew a 12 month J1 visa whilst still in the US?

    To elaborate, can the process of obtaining a 2nd J1 visa be carried out through the Embassy/ Consulates in the US or in conjunction with agencies in one's home country? The idea is to enable the visa holder to remain in the US and that the 2nd vis...

    Elise’s Answer

    I am assuming you mean can the J-1 visa holder extend his or her stay in the U.S. through another J-1 program. Is this your question?

    See question 
  • I have pending R1 and my b2 will expire in two months, if i overstay my visa and the R1 is denied is considere over staying ???

    and shall i be facing difficulties entering the USA in the future or no. PLz i need help concerning this qustion . I applied for premium processing anyway.

    Elise’s Answer

    If you filed a change in status from B-2 to R-1, while the petition is waiting to be processed, you are allowed to remain in the U.S. (but not work.) Once the R-1 petition is approved, you can begin working. If the R-1 petition is denied for some reason after your B-2 status expires, you will need to immediately depart the United States.

    See question 
  • Thank you for responding to my question but is there anything we can do we do not have the money for a attorney im the only one

    working if you can help please help thank you k.rosas Q: Me and my husband are married we have been together for 5 years and recently gotten married he entered illegally about 10 years ago he thinks he has deported 2 times and come back i wont to...

    Elise’s Answer

    He will not be able to remain here in the U.S. legally. It sounds like he needs to return home and apply for the waiver from abroad. This is a very complicated procedure and one that he will not be able to do without an attorney. Executive Office for Immigration Review provides a list of attorneys who represent individuals at little or no cost. I would suggest he contact an attorney from the list to go over options.

    See question