Charles H Kuck's Answers

H1B expiration after 6 years and F1 COS approved and working on CPT

An interesting question. The question is really this. Can I get a 7th year H-1B after i have been off H-1B for one year in F-1 status? The answer is, CIS has not cleary answered this question. I know we have successfully filed an H-1B in exactly this situation, but I do not remain convinced that for policy reasons USCIS willl approve it every time. The thought by CIS would be that since your not in H-1B status, you cannot extend it another year, plus the memos they have speak directly to...

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Can I file new H1B while 485 pending

Yes, you can, and you should. This will protect your status, in case there is a problem with your I-485 is denied. We have done this a number of times and perfectly permissible. Best regards, Chuck Charles H. Kuck Managing Partner Kuck Immigration Partners LLC--The Immigration Law Firm 8010 Roswell Road, Suite 300 Atlanta, GA 30350 www.immigration.net ckuck@immigration.net Phone: 404/816-8611 Fax: 404/816-8615 Direct Dial: 404/949-8154 Toll Free: 1-866-286-...

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Is withdrawal of the I-130 the only option?

This is straight forward. Apply for your OPT. your pending I-130 will NOT effect the OPT. when your Priority date becomes current file your adjustment of status. that filing will NOT step the effectiveness of your OPT. You will then get a work card through the adjustment through the adjustment application with 90 days. Best regards, Charles Charles H. Kuck Managing Partner Kuck Immigration Partners LLC--The Immigration Law Firm 8010 Roswell Road, Suite 300 Atlanta, GA 30350...

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Charles, yes my father was a citizen when i was born

You MAY already be a citizen. Have you ever talked to anyone about derivative citizenship? We need to explore that. Can you give me a call late tomorrow afternoon? Best regards, Charles Charles H. Kuck Managing Partner Kuck Immigration Partners LLC--The Immigration Law Firm 8010 Roswell Road, Suite 300 Atlanta, GA 30350 www.immigration.net ckuck@immigration.net Phone: 404/816-8611 Fax: 404/816-8615 Direct Dial: 404/949-8154 Toll Free: 1-866-286-6200 Follow...

How can i find out if there is a alert on my passport

You can alawys travel, but you are almost guaranteed that you will be stopped coming back into the U.S. on subsequent trips. You can file a Freedom of Information Act Request with Customs and Border Protection. They will respond in about 2-5 months. Best regards, Charles Charles H. Kuck Managing Partner Kuck Immigration Partners LLC--The Immigration Law Firm 8010 Roswell Road, Suite 300 Atlanta, GA 30350 www.immigration.net ckuck@immigration.net Phone: 404/816-8611...

Harry Paws, a U.S. citizen and CEO of Wipe Your Paws, Inc. (WYP), learned that the Republic of Ireland, as part of its economic

Looks like a Law School final exam questino on the Foriegn Corrupt Practices Act!

K1 visa, does my wife have to wait for advance parole before leaving U.S.? Anyway to expedite?

She needs to wait for the advance parole. You cannot change to consular processing a fiance visa, since no I-130 was filed. Best regards Charles

Can i get married if i dont have my birth Certificate , am from Israel i cam with tourist visa and my I-94 expired

You will need to get your birth certificate center over, as it is a required document to file the Permanent Resident Application through marriage. Best regards Charles Charles H. Kuck Managing Partner Kuck Immigration Partners LLC--The Immigration Law Firm 8010 Roswell Road, Suite 300 Atlanta, GA 30350 www.immigration.net ckuck@immigration.net Phone: 404/816-8611 Fax: 404/816-8615 Direct Dial: 404/949-8154 Toll Free: 1-866-286-6200 Follow us on Twitter: www....

My L1A Visa Renewal and I 140 Filing ?

yes, you can travel while the I-140 is pending after the L-1 extension is approved. Best regards Charles Charles H. Kuck Managing Partner Kuck Immigration Partners LLC--The Immigration Law Firm 8010 Roswell Road, Suite 300 Atlanta, GA 30350 www.immigration.net ckuck@immigration.net Phone: 404/816-8611 Fax: 404/816-8615 Direct Dial: 404/949-8154 Toll Free: 1-866-286-6200 Follow us on Twitter: www.twitter.com/ckuck or www.twitter.com/immman Join me on Linkedin....

I am a permanent resident and I am trying to get my 13 yr old nephew to the states

What country is he from? You might want to call an immigration attorney by the name of Nick Suriel in Phoenix, who may be able to assist with this issue. Best regards, Charles