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Christine T Photenhauer

Christine Photenhauer’s Answers

34 total

  • Permission to work for H4 visa holder

    if the H1b holder applied for GC, at what stage of GC is his H4 dependent wife allowed to legally work in US

    Christine’s Answer

    If the wife was included on the request for legal permanent residence (green card) and filed for work authorization, when the authorization request is approved she should be able to work. With the approval, the wife should receive a social security number, most employers request this when hiring an employee. She should not work until the approval is received in the mail. Consult an immigration attorney for more details.

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  • Do I need to pay for H1-B if I am leaving my job??

    I started working for XXX employer in Central Michigan on 2013. I was promised to get fair amount of wage and all the benefits from my employer. I did not received all of them before they started processing my H1-B visa . Then after filing my H1B ...

    Christine’s Answer

    There are 3 sets of fees for an H1B, normally the employer must pay them. Sounds like the employer could be in trouble if reported. If you have a new employer that will file a new petition for you, you may want to consider leaving your current employer. Every case is individual and a review of all the facts should be done in order to give the best advice. You should consult with an immigration attorney.

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  • How do I get a green card through sponsorship?

    My name is Albano and I'm an Italian boy of 19 years. I wanted to ask some questions about the possibility of becoming an American citizen. I have not finished university and I only have the high school diploma, so I'am excluded from the lottery f...

    Christine’s Answer

    You may be able to come to the US as a student but there are still requirements other than attending school. You should discuss your plans with an immigration attorney.

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  • Can a person on h1b leave the country & apply for fresh h4 through the spouse's new employer from india ?

    The person came to US on h4(different employer) and applied for h1b, but currently not working . Will the new employer demand for change of status to apply for the h4(if dependent leaves to india) . Spouse's employer records has dependent status a...

    Christine’s Answer

    Your question is not clear but it sounds like you are asking if you are ok to apply for an H4 while on status of H1B. You can do a change of status If you are out of status prior to the new H4 status becoming operative it becomes more complicated and you should contact an immigration attorney. Also contact an immigration attorney if you plan to travel after applying for the new status. Also, if your H1B is close to expiring you need to talk to an immigration attorney.

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  • Is it ok if I have different names on my I20 received from the university and my DS 160 (NonImmigrant Visa form)?

    Hi My passport only has a given name and the last name field is left blank. So, while applying for universities I gave my name as First Name- Shrihari Agarwal Last Name- SNU and based on this the university issued an I20 wit...

    Christine’s Answer

    I agree. It looks like the name will match. It is always better to give an explanation if there is one and yours sounds valid. Doesn't sound like it will be a problem.

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  • NA3 category immigrant fee payment

    Dear Sir/Mme, Would really appreciate your insight regarding this urgent issue! My 1-year-old baby was admitted to the US on February 6th under NA3 category(Son of permanent resident mother born abroad). I didn't have to apply any immigr...

    Christine’s Answer

    If your number doesn't work. Here is a link to the USCIS with the contact number for the National Customer Service Center and the link to set-up an Info Pass Appointment. If you call Customer Service you may have to wait on hold for quite awhile. Just depends on the number of callers ahead of you. Best of Luck. http://www.uscis.gov/about-us/contact-us

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  • "Is my marriage considered legal for immigration visa -CR1?"

    I entered the US on the visa waiver, stayed for 11 weeks, and got married to my US citizen half cousin 1 week before going back to Europe . We got married in a state where cousin marriage is allowed, but we wish to live in Michigan (where such ...

    Christine’s Answer

    I agree. As long as the marriage is legal in the state you got married in, it should be recognized by USCIS. Good Luck.

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  • I am on STEM extension valid until march next year but my F1 visa has expired.Can I attend interview in my home country?

    I am planning to visit my home country and attend embassy. What are my chances of getting visa?

    Christine’s Answer

    It is not advisable to travel without a valid visa. Contact an immigration attorney with details but from the information provided you may want to try another way to interview, perhaps Skype. Best of Luck.

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  • Is it advisable to apply to DV lottery while being on a non immigrant visa?

    does the DV application interfere with a potential employment-based application to green card?

    Christine’s Answer

    Applying for the diversity lottery should not affect a non-immigrant visa. If you have a specific concern, contact an immigration attorney. Best of Luck.

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  • If any, what is my classification regarding a petition for an alien worker?

    I have created a LLC in the US along with six US citizens (I am not). Because of the nature of the industry and, to protect my goals, vision, and mission of the company (my ideas, my money on the line), and by vote of all the members for me to be ...

    Christine’s Answer

    Both E-2 or EB-5 are good choices. You should contact an immigration attorney to assist you. These visas can be complicated and you want to get it right the first time. To qualify for an E-2 visa you need to have a "substantial" investment (using a proportionality test, investment to amount needed to create the business). For an EB-5 the investment is either $500,000 or $1,000,000 and employ at least 10 USCs. There are other requirements that need to be met in addition to investment. Best of Luck.

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