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David Wolfe Leopold

David Leopold’s Answers

5 total

  • Labor in Audit in the 6th year. What happens to H1 if I stay in the US with H4 receipt number and option to get H1 extn.

    My labor was filed 7 months back and is still in audit. My H1 is expiring (6-years time) in 2 months. If I apply for H1 to H4 change of status now, and if the COS is not approved within 2 months, will I keep on exhausting my remaining H1 time- eve...

    David’s Answer

    Your questions raises a complicated issue related to the applicability of AC21 provisions. Specifically, you are asking whether you will be eligible for the 3 year extension of H1B classification beyond the 6th year once your I-140 is approved--presumably several months from now assuming your PERM audit ends in an approval of the labor certification. USCIS guidance addresses this issue in various memoranda, however, to address your question specifically--whether you will be able to extend your H1B beyond 6 years once the I-140 is approved, more information is needed. It is important not to rely on any advice given in this or any other online answer in the absence of a full review of your case by a licensed attorney.

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  • My fiance was deported for 10 years i have a 5 month old kid by him i want to get him back over here? arrested for false info

    arrested for fake id and false information was in jail for a month then had a ice hold

    David’s Answer

    You need to consult an attorney. There is not enough information here to provide a reasoned response. The attorney will need to know the following: exact conviction(s); history of immigration violations; immigration history; history of removal proceeding; and other information about his background. There may be a pathway to bring him back, but the road is complicated and you need solid legal advice.

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  • Considering filing I-130 petition for my brother who has a tourist visa to USA - will I-130 petition void his tourist visa?

    We are considering filing an I-130 petition for my brother and his wife. However, I am concern that this might void their tourist visas and they will no longer be able to travel to the USA while waiting for the immigration visas to become availabl...

    David’s Answer

    This is a more complicated issue than it appears. I strongly recommend that you consult with an attorney before proceeding. The tourist visa B1/B2 requires an intent to return to the home country. While the I-130 filing is not necessarily inconsistent with the B1/B2 and certainly won’t void its issuance, your brother could have issues on inspection by CBP when he comes to the U.S. for a visit. It is for that reason that he needs to consult with an attorney so that he has a complete understanding of all the issues involved with being the beneficiary of an I-130 while also the barer of a visitor visa.

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  • I'm getting married to a illegal immigrant who has been in this country for 20 years

    My fiancee has his own home and business what should our first steps be.

    David’s Answer

    You should consult with an immigration attorney. Your fiancee's eligibility for an immigrant visa based on your marriage may depend on how he entered the US and/or whether he has ever had another petition filed on his behalf. Any criminal history is also important. You should consult with an immigration attorney. The American Immigration Lawyers Association www.aila.org has a referral program on its website.

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  • Will he have to wait long in jail?

    My husband was arrested for driving unlicensed and put on privation but now has ICE hold, how long will it be for ICE to pick him up?

    David’s Answer

    ICE has 48 hours to pick him up once he is released from state custody. If the state/county/city refuses to release him after that he should consider filing a petition in court.

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