Michael Harold Sharon’s Answers

Michael Harold Sharon

Independence Immigration Attorney.

Contributor Level 13
  1. Can I still get a passport if I have been charged with a DWI in the state of Minnesota

    Answered almost 6 years ago.

    1. Thomas C Gallagher
    2. Elaine Carol Schneider
    3. Michael Harold Sharon
    3 lawyer answers

    If you have not yet become a naturalized US citizen, a DWI conviction could be considered evidenct that you lack good moral character, which could push back your naturalization for 5 years (3 if you are married to a US citizen). If you are already a US citizen, the DWI should not prohibit your obtaining a passport.

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  2. PERM application filed in 6th year of H1b and came back for Audit. How soon convert to H4 or leave the country?

    Answered about 2 years ago.

    1. Michael Harold Sharon
    2. F. J. Capriotti III
    3. J Charles Ferrari
    3 lawyer answers

    Technically, so long as you are in status at the time you file for a change of status, you are considered to be maintaining status until the USCIS adjudicates the petition/application. So, as long as you are still in H-1B status when you file to change to the H-4, you should be able to remain in the USA while you await the USCIS adjudication of your application. Of course, this information's applicability to your case would depend on the specific circumstances of your case, which you should...

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  3. Reimbursing partial H1B fees before 3 year period is up?

    Answered about 2 years ago.

    1. Michael Harold Sharon
    2. Philip Alan Eichorn
    3. Neil Ian Fleischer
    4. F. J. Capriotti III
    4 lawyer answers

    Arguably, the fees and expenses associated with the H-1B visa are the employer's responsibility and cannot be charged back to you based on the position that the Dept. of Labor has taken.

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  4. Does a H4 needs to apply for extension, if her visa on passport is expired but having valid I-94

    Answered about 2 years ago.

    1. Carl Michael Shusterman
    2. Myron Russell Morales
    3. Michael Harold Sharon
    4. Gen Kimura
    4 lawyer answers

    My colleagues' answers are correct. The H-4 is not tied to a particular employer, like the H-1B, rather, it is tied to the H-1B visa holder. When she goes to India and applies for the H-4, she should receive it since you are on a valid H-1B with the employer who petitioned for you and she should receive an H-4 visa that runs parallel to your H-1B.

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  5. Re-entering US on I-797 from emplyer B (current emplyer) and H1-B stamp from frmer emplyer with 30 days or less left on stamp

    Answered about 3 years ago.

    1. Michael Harold Sharon
    2. Christian Schmidt
    3. J Charles Ferrari
    4. C. C. Abbott
    4 lawyer answers

    If you will be departing and returning to the USA any time after 02/04/2012, you would need to get a new H-1B visa stamped in your passport in and event. You may as well get that done during your next departure from the USA and reenter on the new H-1B, thereby resolving the issue you present. As far as an answer to your questions is concerned, it should not matter if you return 1 day or 100 days prior to the expiration of your visa, if otherwise admissible, you should be allowed in on the valid...

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  6. Can an employer sponsor an immigrant that overstayed on visitor visa

    Answered about 6 years ago.

    1. Michael Harold Sharon
    2. Elaine Martin
    2 lawyer answers

    The short and simple answer is "not practically." An employer could file a Labor Certification application , which could be approved, but since the person is out of status, the likelihood is great that he/she will need to go to his/her home country American consulate to apply for the green card. Since the person has been unlawfully present in the USA for more than a year, he/she would be subject to a 10 year bar on reentry as soon as he/she departs the USA. The only option for someone in this...

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  7. 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

    Answered over 1 year ago.

    1. Michael Miladin Jolic
    2. Robert Louis Brown
    3. Michael Harold Sharon
    4. Brian John Halliday
    5. Lalita Haran
    5 lawyer answers

    Mr. Jolic is correct in his responses.

    2 lawyers agreed with this answer

  8. Need visa?

    Answered about 2 years ago.

    1. J Charles Ferrari
    2. Neil Ian Fleischer
    3. Michael Harold Sharon
    4. Giacomo Jacques Behar
    4 lawyer answers

    Without some sort of employment authorization issued by the USCIS, she could not legally work. If you would like to discuss this case, you can call me at 216-348-9878.

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  9. Marriage based green card interview

    Answered almost 4 years ago.

    1. Carl Michael Shusterman
    2. Michael Harold Sharon
    3. Philip Alan Eichorn
    3 lawyer answers

    They will interview your spouse and you together unless they have some reason to be concerned that the marriage is fraudulent, in which case they will interview the two of you separately.

    2 lawyers agreed with this answer

  10. USCIS, immigration laws crimes of moral turpitude, can first offense for shoplifting lead to deportation

    Answered almost 6 years ago.

    1. Michael Harold Sharon
    2. Neil F. Lewis
    2 lawyer answers

    Not usually. Generally, a single conviction for shoplifting can be covered by the petty offense exception. With any deportation case or foreign national accused or convicetd of a criminal activity of virtually any sort, it is recommended that the foreign national consult with an experienced imigration attorney.

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