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Karen Weinstock

Karen Weinstock’s Answers

79 total


  • Green card without employer for L1A

    I am currently on L1 A expiring in March 2013. Entered US in mid 2006 on L1 B(converted to L1 A in 2008). My company won't file for my green card and asked me to return back to my country in March. Is there any legal option for me to apply for a ...

    Karen’s Answer

    I agree with my colleagues.

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  • My L1B expiry 03/09/13,I've A DUI case Pending,what should be the best approach 1.an extension 2. new Canada L1 3. new IND L1

    Assuming if i go to Canada will there be a Doctor's panel evaulation for me? I've already taken a diversion on this and i'm not convicted but i was arrested and they will clear my case upon succesful completeion on July 2013. I've heard that i...

    Karen’s Answer

    I cannot tell for sure without more information including a copy of your disposition from the court but generally applying in the U.S. would probably be your best option. You may also have an inadmissibility issue going into Canada with a DUI, again would need to review the disposition.

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  • In the mid-way of 1 yr break (Oct'12 to Sep'13)can my employer apply fresh H1B petition in Apr 2013 with start date as Oct 2013?

    I'm completing 7 years L1A in Sep2012. I'm planning to be in India for 1 year and coming back to US around Nov/Dec 2013.

    Karen’s Answer

    You are technically eligible to apply the problem is that USCIS might take the view that you were not eligible on April 1, 2013 (even though you will become eligible by October 1). An L-1 visa filed for you for next October may be better, I just don't know all the facts in your case.

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  • Does the 3/10 bar due to unlawful U.S. presence includes U.S. territories such as Guam and Puerto Rico?

    If an undocumented immigrant leaves the U.S. and encounter the 3/10 year bar for unlawful presence, does the ban includes entering U.S. territories such as Puerto Rico and Guam?

    Karen’s Answer

    Your question is not clear. Usually if you are subject to the bar and travel for example from Miami to Puerto Rico, that is usually not considered a departure from the U.S. because you are entering another U.S. territory. However, if you are unlawfully present in the U.S. you do have a risk when travelling in airports as you may encounter ICE/CBP officers working there.

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  • H1B Transfer Approval Notice

    My H1B transfer case was approved on Aug. 15 and my employer also received an email. However, the employer hasn't received the approval notice in mail yet. It's been three weeks! Is that normal? She has contacted USCIS.

    Karen’s Answer

    USCIS asks that you wait 30 days. Then you can call the 800 customer service to check on it. If they do not see that the document has been returned as undeliverable they may ask you to file an I-824 to receive a duplicate. If you filed with premium processing you may have better luck to request a duplicate.

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  • Non us citizens marrying in US

    I am working in US on non immigratn visa (H1) and my fiancee is coming over for few weeks to meet me on a vist visa and tour Disneyworld etc. Can we get married when she is here and register our marriage in Texas/Florida. Will we get a marr...

    Karen’s Answer

    If the purpose of arriving here is to see you and tour that is probably OK, as far as marriage there are some prohibitions on marrying a USC or LPR but not a visa holder as far as I know.

    Karen Weinstock
    Siskind Susser P.C.
    404-935-0044

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  • L2 to L1 US Visa/Status conversion

    I have entered the US on L2 visa (dependent on my husband's L1) and plan to apply for EAD to be able to work. However, I also have a valid L1 visa. There was company internal issue that didn't approve of me to travel on L1 then. But that is now r...

    Karen’s Answer

    You can be employed with an L-2 and an EAD but may be safer for you to obtain your own separate visa if it is possible so that if your spouse loses their job or something happens to your husband your visa is independent of him. You can either file a new change of status in the U.S. or leave and consular process your L-1. It also depends on how much time is left on your L-2. There are a few considerations here, you may want to consult with an attorney.

    Karen Weinstock
    Siskind Susser P.C.
    404-935-0044
    kweinstock@visalaw.com

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  • What should i do if my husband and i got separated right after he applied for my status adjustment and never showed up for any

    of my inteveiws. I am married to a U.S. citizen, I entered the U.S. legally never overstayed my husband applied for my statys to be adjust but our marriage wasn't wrking out so we separated i stayed in the U.S. and I met someone else and were th...

    Karen’s Answer

    If you always maintained your status it is likely that you will not be barred but you will need a new visa to re-enter the U.S. and may be stuck outside the country for a while - you should have an attorney review your case in detail to ensure you can leave without getting stuck abroad. I may be that staying here would be a better option for you.

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  • Here on F-1 visa and had a baby. Can I travel with the baby for a month abroad during summer (no summer semester) and come back?

    I am currently on a F-1 student visa in the US. and just finished my junior year of college. 2 months ago my boyfriend (not a US. citizen; here on OPT, & applying for law grad school) and I had a baby, and now that is summer we would like to trave...

    Karen’s Answer

    If you do not have a valid F-1 stamp in your passport, travel is always risky because obtaining a new stamp in your passport is not guaranteed. If you do not need a new stamp it will be easier. If you need a new stamp then the U.S. consulate or embassy will give consideration to the fact that you maintained status but I have encountered situations when even though the student maintained valid status throughout the consulate did not renew the visa in their passport. You should consult with a good immigration lawyer on this issue.

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  • Im currently enroll in school working on my high school diploma been in the usa since i was 11 im 24 yrs old do i still qualify?

    no criminal records

    Karen’s Answer

    It sounds like yes- based on the requirements announced by DHS last week, but as of this morning they still have not come out with all of the criteria, so you have to stay tuned to hear something in the next few days.

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