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Irina Kogan

Irina Kogan’s Answers

179 total


  • My sister was a dependent when our petition got approved but aged out before the interview. Can she appeal her case with USCIS?

    We were dependents of an F4 petition year 1993, my sister was 20 when our priority date came up she was still included in the dependents list, we sent in our documents however by the time we were scheduled for an interview my sister was removed fr...

    Irina’s Answer

    It is very unfortunate but it appears she is out of luck.

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  • I need a expert attorney to adjust my status from U visa status to Green card after completing my 3 yrs as per the condition.

    Please contact me with the information required. Thank you.

    Irina’s Answer

    You can call any immigration attorney you select from AVVO who is located close to you.

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  • U visa adjustment application untimely because of U.S. Postal Service's failure.

    My U visa expires today, August 3, 2015. I mailed the I-485 by USPS Priority Mail Express 2 day on August 1, and it was gurranteed by USPS to be delivered before 3 p.m. on August 3. But the tracking number shows the item is still in New York City....

    Irina’s Answer

    Why did you wait so long and had to cut it that close to the expiration of the U visa?

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  • Overstayed my US visa for over 3 years 15 years ago, never got deported, can I return as a tourist?

    I have a particular situation here, In March of 1997 I travelled to the US as a tourist and lived there almost 3years. I was never arrested, or had any trouble with the law, I was never deported have been thinking i would like to visit some f...

    Irina’s Answer

    You definatley can apply. the ten year ban is over now and you should be able to establish ties to yoru country after so many years.

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  • Is the Employer obligated to pay wages while EB-2 green card pending?

    Hi, I have H1B visa stats which will expires 08/09/2015. My employer filed for green card EB-2 last August and still pending. I-140 is approved. They are not going to extend the H1B. My question is : I may have a lapse in my contrac...

    Irina’s Answer

    They are only obligated to pay your wages for as long as you are an employee or for the period of time they did not move to withdraw the H1 when your employment ended.

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  • Do I need to pay for green card for my kids

    I am a U.S. Citizen and filed in for my son of 17 years and daughter of 8 years. As a matter, they entered U.S.on July 31st 2015. My question now is that,should I pay for their green before I apply for their citizenship or I should apply for their...

    Irina’s Answer

    I agree with Alexander. I think you would be better off paying the fees and getting the cards. However, I think the kids are citizens upon arival not when they become LPRs.

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  • Is there a database of immigration cases that is accessible to lawyers to review previous cases to prepare their own cases?

    ---How is this database of immigration cases (and surely for other fields) called? ---Is this database only accessible to lawyers or is it accessible to anyone in public libraries for instance? Or online by logging into it? Who is allowed to a...

    Irina’s Answer

    I do not think I clearly understand what you ask. Many immigraiton cases are not published and thus not available for research.

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  • Should my wife file H-4 extension of stay(I-539) every time when I change my employer while I am on H-1B visa?

    Recently, I changed my employer and my H-1B is approved but this time my employer did not apply for my wife's H-4 extension. However, my previous employer already extended her H-4 by filing I-539 and it was extended till September 2016. So my ques...

    Irina’s Answer

    No. If your h1 is valid, you only need to file I539 to get an extension of the H4 status when it close to expire not when you change an employer.

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  • How to approach the situation ?

    I am on green card. Becoming citizen after 3.5 years. My fiancé is on opt , opt getting over in August 2016. I have Indian passport and even my fiancé has Indian passport. My fiancé and I are planning to go India during her opt to get married and ...

    Irina’s Answer

    She cannot seek adjustment of status based on yours until she is your spouse, the visa is immediatley available and she is in the USA in a valid nonimmigrnat status.

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  • Any issue if EVL dosent have terms and conditions words,but has matching Salary,position,100%match duties & fulltime with LABOR?

    I am EB3 India 485 pending and got RFE," Submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proferred position ( if different from your current one), the...

    Irina’s Answer

    Your employment letter should include your position title, responsibilities at work, employment prospects and compensation.

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