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Stephanie Scarborough

Stephanie Scarborough’s Answers

556 total


  • Can L1B holder get H1B Sponsorship?

    I am currently holding L1B which expires on May 1st week. But I have already filed for extension a month back. In the meantime I have got a job offer but since I don't have H1B I can not accept the offer. Is it possible to convert L1B into...

    Stephanie’s Answer

    The H-1B Cap has been met for Fiscal Year 2014. Unless your employer is cap exempt institution or you were previously counted against the H-1B Cap in the past 6 years (i.e. an employer filed an H-1B on your behalf in the past 6 years), you will need to wait until FY2015 and apply on April 1, 2014 for the new Cap.

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  • Petitioning spouse who entered without inspection in 1981, and use his social security to file income tax since 2006..?

    my husband came to this country in 1981, without inspection..in 2005 he applied for temporary resident status (I687) under LULAC OLD AMNESTY..was denied due to lock of evidence. They grant him a temporary work authorization card and social securit...

    Stephanie’s Answer

    I agree with both of my colleagues. You need an immigration attorney to review and advise you. We can give you general advice only and you need to map out a strategy for your spouse. 1) yes, a 601 waiver is likely needed. 2) It appears the provisional waiver process applies to him. The provisional waiver process will be stateside processing of the 601 after your I-130 approval and start of the immigrant visa process. However, seek out an attorney to help you as the strategy is critical to your future. Keep paying taxes. If we do get immigration reform it is likely to include a provision for requiring taxes to be paid and up to date.

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  • How can future immigration changes help my 10 yr bar?

    so they say i have a 10 yr bar. how can the future changes to immigration laws help me out.. ? ive been back in my homo country for 2 years. colombia has been bad for me. no deportation or criminal record... any hopes in me being able to return?? ...

    Stephanie’s Answer

    Very unfortunate timing that you had to return to your home country before DACA was made available. You do have a 10 year bar to reentry which can be overcome by an unlawful presence waiver if you are married to a USC. You would also need an I-212 as it appears you left the US while under proceedings. You should have an immigration attorney review your case and watch the law closely on your behalf.

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  • To expedite the i539 COS application filed 2 months ago.

    I am currently on H4 visa and I filed i539 application to convert my status to F1. My file was received on 15th Feb. I have already registered for 2 summer courses and I have a summer internship starting end of May. So, I was just wondering If I c...

    Stephanie’s Answer

    There is no set process for expediting the 539. You can try to ask USCIS for the same but they generally do not do it.

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  • Are they going to eliminate F4 category? which is for siblings of US citizens?

    Are they going to eliminate F4 category? which is for siblings of US citizens?

    Stephanie’s Answer

    Nobody knows yet. Keep an eye on immigration reform, however.

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  • Time for LCA with stamped H1B

    Hi My H1B was stamped in Feb this year and did not travel to US yet.My employer applied for change of LCA as the project requirement location was changed.How many days do I need to wait for LCA change.Does that include working days or all days?

    Stephanie’s Answer

    The LCA will take 7 days to certify and will need to be posted for 10 days at the worksite. If the employer posts the notice concurrently with the certification it will take 10 business days approximately.

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  • I'm a us citizens and my boyfriend. Got deported twice and got caught. Twice. Trying to reenter to the us and got deported. For.

    20 years we have 4 kids that r us citizins and we been together for 9 yrs and we are not married can i fix him papers Can u help me please

    Stephanie’s Answer

    First, he must stop his illegal reentries. He faces harsh consequences and jail time for reentries after removal and will eventually be charged in federal court. Second, speak to a qualified immigration attorney who can set out a plan for his return which could include (depending on your status) 1) marriage, 2) immigrant petition, 3) waivers for unlawful presence and the prior removals, 4) consular processing. However, reentries will hurt his chances at relief. Please speak to an attorney

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  • Which i94 to give at departure?

    I last entered the US on an h4 and have an i94 from that. I later changed status inside to F1 and got a new i94 with same i94#. If i depart now, which i94 do i return at the airport? Currently on F1 status.

    Stephanie’s Answer

    Turn in your most recent I94.

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  • H1B amendment and LCA

    My current H1B is approved till 2015. This year i got promoted as manager. In this case, is it good or a risk to have my H1B amendment done? There isnt much changes in my work location or client. Also, based on new designation i should get mor...

    Stephanie’s Answer

    I agree with my colleague. You will need an amendment if there are material changes in your employment. Only an attorney who has seen the previous H-1B compared to the details of your new position can effectively make the determination.

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  • Is it possible to change a F2 to a L1 or H1B?

    I am coming to US with my husband on F2. I have a bachelors degree in history. Would it be possible to convert a F2 to a L1 or a H1? The best job that I might get is that of an assistant or a librarian. Does a company sponsor visa for such blue co...

    Stephanie’s Answer

    You can change status. However, you must qualify for the new status. Any H-1B petition would have to be one that normally requires a bachelor's degree or above and your education would need to be related to that position. Any L-1 position would require your employment with a qualifying entity abroad for 1 year out of the previous 3 years and would need to either be managerial or specialized knowledge in nature. Thus, whether you qualify will greatly depend on your position, qualifications and eligibility for the particular visa.

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