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John Paul Byrley
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John Byrley’s Answers

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  • Green card application and birth certicate issue

    I am applying for a green card through granted asylum case. One of the required document is a birth certificate. My birth certificate is divided up into 2 vertical columns. The right column shows the information in my native language and the one...

    John’s Answer

    My experience is that USCIS will use the spelling of the name on the official birth certificate, although you may try to submit a translation that has the preferred spelling, along with the other documentation of the preferred name, and see if it will be accepted. You may need to get a name change decree though.

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  • What should I say under current employer? Should I say "unemployed" or "homemaker"? Or should I say what my curr

    My husband and I are currently on H1B visa. I am resigning from my job and will be traveling to India. Over there I will apply for H4 and come back to the US on H4 visa. I want to get an as-early-as-possible date for my h4 visa interview, so I wan...

    John’s Answer

    I agree with the above opinions -- consult with the employer's attorney if possible -- but generally one would answer the question with what is accurate at the time the DS-160 is submitted. So if you submit it now, while you are still i the US working on your H-1B, then I would enter your current employment. If you submit it later, after you have left your job, then unemployed would be the appropriate answer. But the form asks for your employment history, so either way you would be including your current employers information there, whether it be listed as current employment or past employment.

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  • I am on H1b and want to start business because my employer will not sponsor green card. can I make green card from my business.

    Actually I am planning to start gas station business. I would be happy if i can get the answer and criteria.

    John’s Answer

    You could potentially do this through another non-immigrant status -- E-2. It would depend upon country of citizenship, the amount and source of your initial investment, and a number of other factors. But it is correct that you would not be able to earn any income from that business while under your current H-1B. Would recommend consulting with lawyer to discuss all your options.

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