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Juan Paolo Pasia Sarmiento
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Juan Sarmiento’s Answers

2,142 total


  • Would i still be "protected" by 245i? Would i have to leave the u.s?

    My aunt submitted a pettition for my father before April 30, 2001. They forgot to submit some paperwork and resubmitted around june 2003. I would be considered a derivative beneficiary of my father. I was brought to the u.s as an infant and grew u...

    Juan’s Answer

    245i applies. You’re physical presence in 12/00 and are the beneficiary of a petition filed b4 4/30/01. Just make sure you have the docs (petition, physical presence).

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  • Do I need to mention the Alien No # from an approved I140 only on my Forms OR my dependent's forms as well ?

    I have an approved I140 from EB2 category. Now my company has agreed to file my case in EB1 -International transfer. Since I will be primary applicant I need to file 325a, 765,485 and 131 forms and my dependents will also need to file their forms ...

    Juan’s Answer

    Only on your 485 forms since you have the A number. Dependents will have their own A numbers after they file the 485s.

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  • Can you please advice that if suppose my visa approval or reciept comes after 19-feb-16, will I be still eligible to work ?

    I have resigned from my current organization today and my notice period ends on 19-Feb-16. I already have an offer and the new employer has posted and LCA on friday and filling my visa in premium. Can you please advice that if suppose my visa a...

    Juan’s Answer

    If the H-1B is filed before that (LCA approved b4 that and H-1B filed immediately after), then you’re fine.

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  • Do I need to mention the A# from an already approved 140 in Forms 131, 765,485 for EB1 Concurrent filing ? Please suggest.

    I have an already approved 140 from my company. Now they have agreed to file my case in EB1- International Executive transfer. Do I need to mention the A# from an already approved 140 in Forms 131, 765,485 Concurrent filing ? Please suggest.

    Juan’s Answer

    If the A number is there, then yes. .

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  • How can I fill section C, No.17 at form i-130...for my kids?

    How can I fill section C, No.17 at form i-130...for my kids? Is I have to list my wife and all of my kids for every form?

    Juan’s Answer

    Beneficiary’s spouse and kids. .

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  • Why was I being called for another interview even if they already gave me a Visa? Should I be worried?

    I just had my interview last January 14, 2016 at the US Embassy in Manila for an EB2 visa. My case was approved and I already received my passport back with the visa on it. After two weeks, someone called claiming she is from the US embassy and sh...

    Juan’s Answer

    Just go there to be on the safe side. Maybe they had additional questions or saw something fishy.

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  • Need Advice

    hello, I was on the F1 status but unfortunately i lost the status ..i am married to a US citizen and will have a year for naturalization..

    Juan’s Answer

    What’s the question? If you have a year for naturalization, that means you’re a permanent resident now? If that’s not what you meant when you said “a year for naturalization”, meaning you’re just out of F-1 status and are now married to a USC, then apply for a green card.

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  • Am I required to have J-1 waiver before we file petitions to be sponsored by my wife, even thought my J-1 visa expired long time

    I came to US with J-1(with 2 years' requirement: it does say so on my US visa), but my J-1 status was expired 3 years ago. Now, I was married to my US citizen husband. Am I required to have J-1 waiver before we file petitions to be sponsored by my...

    Juan’s Answer

    If you’re subject to the 2 year requirement, it’s better to get a waiver before you file for adjustment.

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  • What should I do if my spouse wants a divorce and I have a conditional green card

    I have a conditional green card and my husband is an American citizen. I recently got pregnant and everything has changed as my husband does not talk to me many more and wants a divorce. How will that impact my green card as I still have the condi...

    Juan’s Answer

    After the divorce, file an I-751 with a waiver of the joint filing requirement. Include bona fides up to the time of divorce / separation.

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  • International travel w 6 months left on h1b

    hi I'm hoping for some help please. I left the US 4 years ago, when I had about 11 months left on my 6 year H1B. Since then, I have come back to the US about once a year on a tourist visa, and stayed upto even 6 months. This time, I came in on ...

    Juan’s Answer

    You can but you have to get the visa abroad.

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