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Alena Shautsova
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Alena Shautsova’s Answers

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  • What are the risks of traveling outside of the US after filing for H1B visa with the consular notification option?

    I am on F-1 visa now and will be graduating with a Masters degree in May 2016. I will be applying for OPT. I have been offered a job and my employer will be filing for H1B visa with my undergraduate degree. I will be joining my job in late August ...

    Alena’s Answer

    You should discuss your options with an Immigration attorney. The main thing: you need to get a visa to enter the US.You need to be admitted in a correct status at the time of entry.

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  • My divorce was just granted while my I-751 is pending (filed as married). What's my next step?

    I filed for I-751 jointly with my husband in September 2015. Unfortunately we had to file for a divorce , which was granted to us last week. What's my next step? Do I need to withdraw my petition and file again as divorced? Or should I wait in...

    Alena’s Answer

    You will need to file for waiver of the joint filing.

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  • What will be the processing time if she applies for an O-3 on July 1, 2016? Can she travel abroad while waiting for the O-3?

    My wife is on a J-1. She has her J1 waiver approved - comes into effect on June 30th. I am on an O-1. What will be the processing time if she applies for an O-3 on July 1, 2016? Can she travel abroad while waiting for the O-3?

    Alena’s Answer

    If she travels while the application to change status is pending, she will have to apply for a visa abroad before she will be able to come back.

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  • She has been in US for 8 months, do you think they can take her green card away? She lives with her parents and is 25 years old

    Sponsored my wife from Canada two years ago. She was in India at that time. Last year she received her green card through her parents and moved to US. We havent started living together as I was waiting for the canadian immigration to give her the ...

    Alena’s Answer

    Your wife needs to speak with an Immigration lawyer ASAP. Such questions should not be discussed on a public forum.

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  • Can I get permanent residency through my religious work and now I have withholding removal under cat.

    I have withholding removal under cat status, from last 4 years, and I am a Christian religious worker from last two years, I want adjust my status. I have two us citizens son also, but they are minor yet.

    Alena’s Answer

    If you have withholding of removal, it means you have an order of deportation/removal, and CAT relief. It means that only Immigration court has jurisdiction over the issue of your adjustment of status.

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  • What to do?

    i130 in process. Worry is i485 filing (wife visa expired 8yrs ago). Going back to reenter is a WON'T. Need alternative. Read of form 245i. Any experience lawyer suggestion is highly appreciated. Remember going back to reenter the US is not the ...

    Alena’s Answer

    Are you a US citizen? If your wife entered legally, on a visa, she does not need 245(i). Consult with an attorney.

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  • Can I get a private consultant to file H-1B for me and then later transfer to my company?

    I am on F1 OPT and have been 6months already starting July 2015. My current comapny is not applying for H-1B this year. Can I get a private consultant to file H-1B for me and then later transfer to my company? Any other legal constrains in thi...

    Alena’s Answer

    A private consultant.. well, absence fraud, ye you can, as long as that employer qualifies as such and has a real position for you.

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  • What should i put on i 485 form about J exchange visitor question Yes or No

    I came from Lithuania as J-1 in 2002 and i was subject to 2 year foreign residence requirement. I asked for waiver from embassy they told me that since Lithuania has no visa requirement they cancelled this J-1 2-year requirement. I asked layer and...

    Alena’s Answer

    If you entered in J1 status, you should be subject to 2 year rule. Consult with an attorney.

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  • H4 to H1b COS

    Hello- my spouse entered US on H4 and then got H1B(first time) approved through an employer. We then filed amendment/COS through the same employer which then went into RFE and is in progress. Now suppose after responding to RFE if there is a rejec...

    Alena’s Answer

    You need to speak with the company's attorney. There is not enough information here to be able to come to any meaningful conclusion you may rely on.

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  • Can my father who has a green card petition me?

    I overstayed my visa. I am 23 years old. My father was recently approved for green card. Can he petition me without me leaving the US?

    Alena’s Answer

    He can petition for you, but you will not be able to get your green card due to "overstaying"....

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