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Rebecca Cook Black

Rebecca Black’s Answers

766 total


  • While in the US on an F1-Visa, can I found an online company that has its place of business in my home country?

    I have a great business idea. The services I'd offer would be online and mostly tailored to the needs of a certain group of students in the US. Being an F1 student myself, I am not permitted to work in the US. But nothing bars me from working in m...

    Rebecca’s Answer

    If they are paying the company in your home country then it shouldn't conflict. You are not employed- you are the owner of a company that is based elsewhere and you are taking out profits. I would have someone carefully review exactly what it is you are doing.

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  • Changing job using AC21 when I-485 approval is pending

    My GC was initially sponsored by my previous company under EB2 and I filed for I-485 on Feb 2012. I changed my job in May 2013 using AC21 and my new company undertook the legal process. I received RFE for medicals last month and responded in a wee...

    Rebecca’s Answer

    1. yes
    2. They will need to pay your wages at a level commiserate with your LC.

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  • J1 Visa interruption before fellowship? Can I change to O1 and back to J1 for my fellowship or return to home country for ayear.

    Currenlty on J1 ending June 2015 but fellowship starts in July 2016. Have a year to bridge. What to do?

    Rebecca’s Answer

    How long was the interruption for? Was it started? Ask your current attorney what they advise.

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  • Can I remarry and apply for I-130 and I -485 again, My previous marriage went down the hill, and I applied for vawa and it is

    it seems like that VAWA is going down the hill and IO is thinking that my first marriage was to gain immigration benefit. I am not in removal proceeding yet, But it seems like they will put me in one soon. I need some help ASAP. only experien...

    Rebecca’s Answer

    I would interview several immigration attorneys where you live as it will be a process and you want to be comfortable with the experience level of the one you pick.
    Also interview well your next spouse. . .

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  • Received OPT expedite approval, but USCIS status check shows Initial review

    I applied for OPT application on 17th june 2014 and USCIS received application on 19th June 2014. My opt expedite request was also approved on 5th August 2014. It has been more than 10 days, but online status check still shows initial review. I do...

    Rebecca’s Answer

    Not really. the online case status is never updated in a way that is satisfactory. Ask your attorney to do an infopass and see where the file is.

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  • I will like to get an employment authorization card but I am not sure what category I fall in after having a order of release

    on recognizance. I am married to a u.s cit. and have 2 children that are also u.s. cit. I been in the U.S. all my life(26) married for 10 years and went to mexico and try to fix my immigration issue got a k-3 visa couldn't fix it because of money ...

    Rebecca’s Answer

    If its just an an ROR you probably don't qualify as you need some kind of deferred action c14

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  • Can an e2 Visa Holder attend university?

    My son is on a student visa and he wants to change to an e2 visa.

    Rebecca’s Answer

    The E2 permits him to have a business here not go to school. the F1 permits him to go to school but not have a business. On the E2, he may take classes incidental to what he is doing, but he needs to make sure that he is not primarily taking classes.

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  • EB2 Perm got denied because of typo error in PD expiration date? MTR denied and case sent to BALCA? What are the next steps now?

    Hi, Here are my case details. (1) Status: H1B (2) Advanced degree + 2 yrs of experience (3) PERM filed under EB2 on 11/06/2013. (4) A wrong expiration date entered for Prevailing Wage as 06/30/2013 in form 9089. The correct date is supposed...

    Rebecca’s Answer

    This is a serious question. I would treat it seriously, take it to another attorney, pay them to review it and give you their opinion based on serious consideration.

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  • Form I-130 (for stepson under 21 years) Approved but Not Sent to NVC

    My husband filed Form I-130 for my 14 years old son on March 2012. The case was approved on August 2013 but sent to the National Records Center (NRC) instead of the National Visa Center (NVC). On June 2014, USCIS stated that they had forwarded t...

    Rebecca’s Answer

    Well, you can hire an attorney to unstick your son's case or you can file for him as the immediate relative of a USC.

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  • Immigration question!

    My friend got approved recently on DACA. Can he apply now for something permanent? Or he should wait until the government pass the law? He is an artist and he wants to go school and make art career. may be he can apply for something based on this...

    Rebecca’s Answer

    Currently he has DACA and that is it unless he marries a USC or LPR. If it's a USC, then they can petition for him, he will need to file the waiver of the illegal presence and consular process as DACA isn't yet seen as being an admission for adjustment purposes.

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