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Leonard John D'Arrigo

Leonard D'Arrigo’s Answers

87 total


  • H4 to H1-B status change

    I entered US with H4 VISA. My H1-B was filed and approved while I was in India. H4 is expiring on Sep 30th. Extension is filed this week by my employer. 1) Can my employer file COS? 2) Can I schedule my H1-B stamping in Mexico befor...

    Leonard’s Answer

    I think you need to clarify the facts. Was your H-1B approved for "consular processing" (meaning there is no I-94 attached to the bottom)? If you are in H-1B status, you no longer hold H-4 status. If you are currently in the U.S. in H-4 status and you have an H-1B approval for consular processing you can actually file an H-1B amendment petition to convert the consular processing approval to a change of status approval. You also have the option of processing your H-1B at a U.S. consulate outside the U.S.

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  • Renewal of green card

    ok my residence expires01/2016 iI have to start renewing next year , I picked up 2 domestic violence cases and a tampering charge earlier this year all charges were dropped a month later I was never convicted, I was innocent from the accusations...

    Leonard’s Answer

    You should definitely consult an immigration attorney to assess the possible immigration consequences of your criminal issues. Generally, however, inadmissibility and/or deportability are based on convictions. However, the safest approach is to have an attorney review your criminal charges to be sure.

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  • My wife whom is a U.S. citizen would like to file for me but doesn't have a job for the past year. Can she still file?

    My wife and I have been married for almost 10 months. She has had a hard time finding a job and been getting government checks for the past year and a half. I do have two joint sponsors. I heard my wife would need a job before she can start to fil...

    Leonard’s Answer

    You may proceed with filing based on your joint sponsors. You wife will still need to submit Form I-864 since she is the petitioner eventhough her income is not being used as a basis for the Affidavit of Support obligations.

    Best.

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  • I-751 waiver: no final divorce decree! help!

    the 90 day filing window for i-751 started last month. me and my spouse have decided to end our marriage. i do not believe i will get the final divorce decree by the end of the 90 day filing period for i-751 since i live in california and divorce ...

    Leonard’s Answer

    There are a couple of ways you can go about this. You can file jointly since you are still married and in your application you can indicate that you are having some marital issues. If you are scheduled for an interview, you can then update USCIS with the status of your marriage, whether it's terminated or whether the divorce is still in process. You can request an extension of the interview until you receive the actual divorce decree. Otherwise, you can also proceed with filing the I-751 based on the waiver grounds for divorce. You will likely be issued a Request for Evidence asking you to submit the final divorce decree. This will give you some time to finalize the divorce. Either way, you should file for divorce immediately.

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  • After how long time I can applie for my Green Card I have been Married for 3 Months

    I live in USA

    Leonard’s Answer

    Did you marry a U.S. Citizen? If so, there is not minimum time period, but you must be able to show that you married for love and not for immigration benefits. Therefore, the longer you can demonstrate that you've known each other, the stronger your application. You may file for adjustment of status as long as you entered the U.S. legally. You should consult with an immigration attorney to discuss the particular facts of your case before you file any paperwork.

    _______________________________________________
    Leonard J. D’Arrigo | Whiteman Osterman & Hanna LLP
    Associate
    One Commerce Plaza | Albany | New York | 12260
    | o | 518.487.7642 | f | 518.487.7777
    | e | ldarrigo@woh.com | w | www.woh.com
    GPS Address: 99 Washington Avenue

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  • I am here employed with an E2 Visa.I will loose my Job by the end of May this year.My Visa expires in July this year

    Do i have to leave the country right after my employment ends, or is there a grace period.I have a house which i need to sell, if i don;t find a new job.Other options to stay longer? Thanks

    Leonard’s Answer

    There is no official grace period under the regulations. Technically, your E visa status will automatically end with your employment. You should file an application to change to B-2 (visitor) status while you wind up your affairs in the U.S. You maybe able to also use this time to seek out other employment.

    _______________________________________________
    Leonard J. D’Arrigo | Whiteman Osterman & Hanna LLP
    Associate
    One Commerce Plaza | Albany | New York | 12260
    | o | 518.487.7642 | f | 518.487.7777
    | e | ldarrigo@woh.com | w | www.woh.com
    GPS Address: 99 Washington Avenue

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  • My question was I have a green card with no expiration date and will be out of the country for 2 mos. Is this card still valid?

    Will I have a problem in re-entering. The last answer that I got was for Green card with 10 year expiration and not for green card with no expiration date. Thank you

    Leonard’s Answer

    The version of the card that you have does not expire. Even if it did have an expiration date, the card expires, not your green card status. You can reenter on this card, however, the offers at the port of entry will likely tell you to file Form I-90 to obtain a new card. You should explain to them that you intend to file when you reenter. If you are not traveling for a while, I would highly recommend that you file Form I-90 now. Once you receive your receipt notice, you'll be able to obtain a temporary green card stamp in your passport on which you may travel on without hassle.

    _________________________________________

    Leonard J. D'Arrigo, Esq.| Whiteman Osterman & Hanna LLP
    One Commerce Plaza | Albany, New York 12260
    518.487.7642 | fax: 518.487.7777 | ldarrigo@woh.com

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  • H1-B Visa Stamping

    Dear Sir/Madam, I was entered in USA with F-1(student visa), and after that i got a job ,my employer did a petition for H1-B which is already approved and will be expire on sep 26 2012. My passport has stamp of student visa (F1) My questions...

    Leonard’s Answer

    You can process in Canada, but in the event that they are unable to approve your visa application for some reason, you would need to travel directly to your home country if you do not have a valid F-1 visa to reenter the U.S. on. You may also be subject to administrative processing, which could delay processing. During this time, you would need to remain in Canada to wait for processing to be complete. There is no way to predict if you application will require further administrative processing. For your application, you will need your Form I-797 H-1B approval notice, a complete copy of the H-1B visa petition filed with USCIS, a letter form your employer confirming employment, and a couple recent paystubs. Normal processing should take a few days if you are not subject to administrative processing.

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  • Green Card Process = I-140 approved, question on I-485

    Hi there, My wife's I-140 got approved in 2010 November. Priority date was 2009 October. Green card was applied on EB3. I see that; as per the USCIS bulletin, the current issuing date is somewhere in 2002. So, it will take 7 or 8 years mo...

    Leonard’s Answer

    The employer would still need to maintain the intent to hire her. USCIS will likely request a letter from the employer as part of her I-485 application confirming this intent.

    Leonard J. D’Arrigo | Whiteman Osterman & Hanna LLP
    Associate
    One Commerce Plaza | Albany | New York | 12260
    | o | 518.487.7642 | f | 518.487.7777
    | e | ldarrigo@woh.com | w | www.woh.com

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  • Do I need a seperate I-130 for my step child

    I am a US citizen. I am filing an I-130 and I-485 for my wife. She has a son who is 13 years old. I have been married with her for 6 years. They are both here in the US on a visitor visa and I want to know if I have to file a seperate I-130 for my...

    Leonard’s Answer

    You will need to file a separate I-130 petition for the step child and a separate I-485 applicaton will also be required if they will be filing an adjustment of status.

    Leonard J. D’Arrigo | Whiteman Osterman & Hanna LLP
    Associate
    One Commerce Plaza | Albany | New York | 12260
    | o | 518.487.7642 | f | 518.487.7777
    | e | ldarrigo@woh.com | w | www.woh.com

    See question