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Michael Harold Sharon

Michael Sharon’s Answers

283 total


  • Gay marriage

    My girlfriend and I are planning to get marry (I am also a girl) we are planning to do it in New Mexico where gay marriage is legal, I am from a different country and we just want to know if the process would be the same when we sent the paperwork...

    Michael’s Answer

    So long as your marriage is legal in the place where the two of you marry, the US government, including the USCIS, will recognize it. The procedures would be the same for the two of you as with any other married couple. Your spouse will file an Immigrant Petition for you and you will file an Application to Adjust Status to Permanent Resident (if you are legally in the USA).

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  • OPT RFE - asking for all W-2's. I have worked illegally in the past. It was summer job, only for 3 months every year for 4 yrs

    I have worked summer jobs for four years until 2009. I have filed all the taxes. Today I got an RFE from my opt application. What should I do? Do I send those w2 from that job or not? What are the chance of getting the opt approved if I wanted to ...

    Michael’s Answer

    You need to respond truthfully and you need to provide what they ask for. Do not provide more than they ask for (or less).

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  • I(overstay) plan to marriage with my girlfriend(us citizen) but This case ,i will be the 3rd man for her and past 2 man with her

    I(overstay) plan to marriage with my girlfriend(us citizen) but This case ,i will be the 3rd man for her and past 2 man with her was benifitsaully. I entered us by VisaF1 but right now overstayed .,I live in San Francisco and plan to move to La in...

    Michael’s Answer

    Based on what you have written, it sounds like the case is difficult, but if it is a good marriage, it should work. Since you are out of status, you want to make sure that the case is very strong before you file to adjust your status to permanent residency. Consult a good immigration attorney before you proceed.

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  • LCA filing - can you specify a full-time position in 1st page and Rate of pay hourly instead of yearly ?

    During filing of a LCA, can an attorney specify a full-time position in 1st page and Rate of pay and prevailing wage information hourly instead of yearly ? Is that common ?

    Michael’s Answer

    Yes. It is not very common, but can be done.

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  • Does one lose her permanent residence status after being declared dangerous?

    Aunt a GC holder of 10 years, working in high profile job for past 15 years, was declared dangerous(attempted suicide with a gun). The state statute reads dangerous person as risk to herself or "others". Does this make her lose her permanent resid...

    Michael’s Answer

    I agree with my colleagues. Without a criminal conviction and based only on what information you provided, she should not be in danger of losing her permanent residency. There could be some issues if she is applying for naturalization, though.

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  • I"m in L1-B and I-94 expires by 2/25. I had H1 from (08-10). Can i go back to india, start the h1 process and back here by Apr

    Here is my situation. 1) Employer A filed L1-B to L1-A Extension/Conversion and its denied on Jan 23rd 2013 ( Yet to know the denial notice). Employer is not gonna appeal it. My current I-94/Visa expires by Feb 25th 2013. 2) I Found Employer...

    Michael’s Answer

    Mr. Jolic is correct in his responses.

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  • Hi, my H1b was approved in 2008 and i worked on it for 6 months (H1b not stamped), then left the US for 3years. Am i cap exempt?

    Hi,My H1b was approved in 2008 and i worked on it for 6 months but did not stamp my H1b. I then left the US for 3 years. I am currently planning to come back to the US. Am i cap exempt?

    Michael’s Answer

    Unless there is more to your story, I agree with my colleagues that you are subject to the cap. If you can find a job with a cap exempt employer (a university or a not-for-profit organization affiliated with a university) that would allow an H-1B to be filed for you without concern for the cap.

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  • If I re-enter to USA on AP(w/o a valid stamped H-1B Visa) will put me automatically on EAD even I have valid H-1B until 2014?

    Also will there be any concern in renewing my H-1B Visa in future (2014) if my employer wants.

    Michael’s Answer

    Karin is correct. When you get within 6 months of the expiration of your H-1B or you need to amend your H-1B, you should be able to file the application and get back into H-1B status, based on a USCIS memo, which lacks the full force of law.

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  • Can my husband get a green card with a statuary rape background?.

    it was dropped as a misdeameanor. he got me pregnant at 17. he didnt do time just probabtiona and community service, that is the only thing on his record but lawyers are saying because of that he cant get fixed. is that true?

    Michael’s Answer

    My colleagues are correct regarding the requirement for a waiver. You will need to prove that you will suffer exceptional hardship if he was sent home and that you would also suffer exceptional hardship if you traveled to his home country. It is a high standard. If the two of you have US citizen children who would also suffer exceptional hardship, that will strengthen your case. It is an uphill fight. Get a good immigration attorney in your area.

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  • I am from India came to US in 2011 as F1 student and my visa valid till 2015. I have I 140 approved in 2007. can i apply for AOS

    . If i am eligible for AOS will it affect my F1 visa which is valid till 2015. Can i still be on F1 status when my AOS application is pending? I completed my 1st year in graduate school and will finish in 2014. i work part time as RN. My current ...

    Michael’s Answer

    My colleagues are correct. No AOS until the cutoff date for your category passes your priority date. You can remain on F-1 while the AOS is pending, but you cannot file a successful AOS until the cutoff date is passed. If you try to get an F-1 visa stamped in your passport, however, that will probably be denied.

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