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Alena Shautsova
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  • Can i travel outside of USA, while my H4-ead application still pending.

    Applied H4-ead, got acceptance receipt notice. my spouse will stay back in USA to respond to any RFE if arise. is it ok for me to travel? or should i wait for EAD card to arrive before traveling outside of USA.

    Alena’s Answer

    You should be ok for a short term travel.

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  • I went for my green card interview today and got approved on the spot.

    The office said she will make copy of my wife's travers license to complete the green card approver. I am worried because my wife was in the jail for 2month last year for using a weapons to fight her ex boyfriend but she was not convicted, I am wo...

    Alena’s Answer

    Your wife is a US citizen, I assume. Was your wife convicted? If yes, what was the conviction for? Consult with an attorney.

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  • Change of Status from H1b to F1

    Hi, I filed a I 539 COS from H1b to F1 on 08/21 (Friday) overnighted it to be recieved by USCIS on Sat/ Mon (08/24). My last day of work is also 08/24. Am I okay from the perspective of the application being received on time or does it need t...

    Alena’s Answer

    It should be received before your status expires, of course. However, a one-two day gap may be excused sometimes.

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  • I want to convert my b1b2 visa to F2 from home country. Is it good to apply from India or with in USA?

    Currently I am in USA on B1B2 visa and my i94 expire on Oct2015. I married here in USA with my Girlfriend and she's on a F1 visa and i want to covert my b1b2 to F2 visa from my home country(India). I am afraid if they will cancel my existing visa ...

    Alena’s Answer

    You can apply for change of status in the US. Outside you will be applying for a new visa. Consult with an attorney regarding your concerns.

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  • Is it possible to work part-time on an approved EAD (based on asylum pending) while maintaining a lawful J1 status?

    As far as I know, J1 visa does not allow one to work for any other US employer apart from the one sponsoring the DS-2019 for J1 visa. If I have understood correctly, even taking up part-time, weekend work based on an asylum-based EAD card, ca...

    Alena’s Answer

    Why would you worry about it if you filed for asylum? The situation is that nobody is going to go after your J1 status, and even if you are kicked out of the program somehow, you already filed for asylum and will be in authorized stay status. Since J1 is a non immigrant status/visa, after you filed for asylum, it will probably not be extended anyway.

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  • 45 days and no answer for I-130. How long it takes to get an I-130 answer?

    Me and my wife we event to the I-130 interview in beginning of June, they told us to wait 2 weeks and it pass more then 45 days, we did the appointment with the immigration and when we went there, they told us we should receive an answer at the ma...

    Alena’s Answer

    Were there any issues raised at the interview. I'd say in most cases that were approved on the spot, the clients receive the actual card within 2 week of the interview, unless the officer asked for additional documents...

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  • I am an Indian citizen and I am in the US on a H1B visa. I have an approved LC and I-140 under EB3 as a 'Staff Accountant'.

    My company is thinking of promoting me to a 'Supervisor Accountant' The Company's educational job requirements for Supervisor Accountant position, meet the EB2 category requirements. 1. Would it be an issue if the basic job description for th...

    Alena’s Answer

    This forum is really not for a comprehensive detailed consultation. You should ask these questions the company's attorney. The fist question I would ask, is do the company now have any staff and supervisory accountants, or it is a new idea? Also, prepare to deal with the experience on the job issue. Good luck.

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  • My friends wants to come to work and live for a year to the United states, what he needs to do?

    He comes all the time to the U.S. He's a frequent traveler, he has a good job in guatemala but he said he wants to live here for awhile since we're planning to try and open some kind of business and work together, he's gonna stay as long as they l...

    Alena’s Answer

    H1B visa might work under certain circumstances...

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  • CANADIAN MARRIED TO A USA CITIZEN NATURALIZED BORN IN CUBA ON I-485 PART 2 ON APPLICATION TYPE NONE APPLY CAN SHE PUT N/A?

    HUSBAND FROM CANADA IN USA AND SHE IS A USA CITIZEN BORN IN CUBA APPLICATION CONTINUE TO BE RETURN BECAUSE OF WRONG ANSWER ON THE I-485 PART 2 (APPLICATION TYPE) MAY SHE PLACE A N/A SINCE NONE APPLY. HE'S BEEN LIVING IN USA FOR AROUND 5 YEARS AN...

    Alena’s Answer

    It is the first option that you need to check off if you are trying to apply for adjustment based on marriage wiht a USC.

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  • I did my biometric on July 28 2015. What is the timetable before I hear something?

    I was told it take 6-15 days after I did my biometric to receive an update

    Alena’s Answer

    What benefit are you applying for? It all depends .

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