Dilipkumar Patel’s Answers

Dilipkumar Patel

Tampa Immigration Attorney.

Contributor Level 8
  1. H1B expired. I130 withdrawn by spouse, what is my status? Do I need to apply for H1B extension?

    Answered almost 4 years ago.

    1. Carl Michael Shusterman
    2. Dilipkumar Patel
    3. Naima M Said
    3 lawyer answers

    The Employment Authorization and the Advance Parole travel permit are valid until revoked by USCIS. You can expect that the Adjustment of Status application will be revoked soon, and when that happens the Employment Authorization will also be revoked. You should see if you can get a new H-1B asap. You did not mention it, but be aware that if you were abused by your US Citizen spouse, there are provisions to allow you to self petition for a Green Card.

    Selected as best answer

  2. Immigration I-797 and Florida DMV . My friend can't renew his wife and sons drivers license while his case is pending.

    Answered over 5 years ago.

    1. Dilipkumar Patel
    1 lawyer answer

    Your friend probably does not have the "Adjustment of Status" application filed yet. Sounds like only the I-130 petition was filed. Your friend should consult an experienced immigration attorney - one solution maybe for the brother to file a new I-130 petition.

    1 person marked this answer as helpful

  3. .Immigration and Florida DMV. Need help!!

    Answered over 5 years ago.

    1. Dilipkumar Patel
    1 lawyer answer

    Unfortunately, Florida DMV will not issue a license if the I-130 was filed more than 3 years ago. Your friend should consult with a local attorney who handles immigraiton law. One solution may be for the petitioner to file a new I-130 and apply for the Driver License with the new receipt.

    1 person marked this answer as helpful

  4. Immigration and Divorce

    Answered almost 4 years ago.

    1. Ekaette Patty-Anne Eddings
    2. Dilipkumar Patel
    2 lawyer answers

    You should try to keep a legal immigration status. The divorce process will continue even if you have no legal status. In similar situations, I have seen dependent spouses change status to F-1 student or B-1 visitor status to finish the divorce process. You need to seek the assistance of a Divorce Attorney in your state and an immigration attorney to assist you.

    2 people marked this answer as helpful

  5. Change of status from b1/b2 to L1

    Answered almost 4 years ago.

    1. Dilipkumar Patel
    1 lawyer answer

    You need to have been employed ABROAD for full year in the past three years by the parent, affiliate or subsidiary of the proposed US employer. It does not seem you meet the basic requirements. You should consult with an immigration attorney to analyze your situation.

    1 person marked this answer as helpful

  6. Do I need govt-issued birth certificate to file for adjustment of status?

    Answered almost 4 years ago.

    1. Dilipkumar Patel
    2. Amy L Becerra
    2 lawyer answers

    A Birth Certificate IS required. The USCIS will refer to the Foreign Affairs Manual published by the Department of State for official information about availability of birth records in your country of birth. You will have to comply with those requirements. Any experienced immigration attorney should be able to advise you on this.

    1 person marked this answer as helpful

  7. Lost Green Card

    Answered almost 4 years ago.

    1. Dilipkumar Patel
    1 lawyer answer

    They do not usually require you to surrender your green card or anything at the biometrics appointment. You will need a valid id to be allowed into the building.

    1 person marked this answer as helpful

  8. When can I reaply for the citizenship again after the dinal?

    Answered over 5 years ago.

    1. Dilipkumar Patel
    1 lawyer answer

    You can apply again when you satisfy the various requirements for eligibility to Naturalize. The requirements are described on the USCIS website at www.USCIS.gov You would need to look at the pages which describe the Naturalization process. One requirement is that you need to have lived in the specific State or District for at least 3 months before you apply. It sounds like you did not meet that requirement when you made the application in Nov 2006. The requirement for "Continous Residence"...

    1 person marked this answer as helpful

  9. US Citizen marrying Australian on E3 Visa, Re-entry problems after honeymoon?

    Answered over 5 years ago.

    1. Dilipkumar Patel
    1 lawyer answer

    This is something about which you should consult an experienced immigration attorney in more detail. The potential problem is that the E-3 is a temporary visa and the person seeking entry or reentry in E-3 status has to have the intent to remain temporarily in the US. If he is married to a US Citizen, the implication is that he wants to reside here permanently. The attorney will need to discuss with you the possibility of the risk materializing at the time of entry — and the consequences. I...

    1 person marked this answer as helpful

  10. On H1B can I be a member of a member-managed LLC?

    Answered over 5 years ago.

    1. Dilipkumar Patel
    1 lawyer answer

    When on an H-1B, you are not allowed to work other than in the position for which the H-1B was approved for the employer who obtained the H-1B on your behalf. So, if you work for the other LLC, you will have violated your status. USCIS could take the position that you cannot be a member of a “member managed” LLC but not engage in any work for the LLC. The determination of whether you have worked is a fact specific determination. The fact that no salary is paid is not by itself enough. I am...

    1 person marked this answer as helpful

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