Marc Anthony Topoleski’s Answers

Marc Anthony Topoleski

Troy Immigration Attorney.

Contributor Level 9
  1. Lost i-94. My mother is here on visiting visa (B2). Lost her i -94. She has her return ticked in a week. What should we do now?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Marc Anthony Topoleski
    3. Irene Vaisman
    4. F. J. Capriotti III
    5. Samuel Patrick Ouya Maina
    6. ···
    6 lawyer answers

    It takes several months to obtain a replacement I-94 card, so if your mother is leaving in a week, you should not bother with submitting a replacement I-94 application. If your mother has a copy of the card, or had recorded the number from the card, she can simply present that information at the border with an explanation that she lost the card, or if she does not have this information she will just need to state that she lost the card. When you are departing the U.S., the primary purpose of...

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  2. Do I need to come from Canada to a port of entry to apply for TN visa or can I come from U.S. (I am currently in US as visitor)?

    Answered 10 months ago.

    1. Carl Michael Shusterman
    2. Marc Anthony Topoleski
    3. Mani Khavajian
    4. Wendy Rebecca Barlow
    5. Daniel Patrick Hanlon
    5 lawyer answers

    When making a TN application at the border, you must be entering from Canada, so you will have to cross into Canada and then re-enter the U.S. Canadian citizens can be admitted for up to 6 months as a visitor, and job search activities can be considered a permissible visitor activity as long as you did not begin work and/or receive any compensation. Good luck with your new job!

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  3. Marriage immgration

    Answered 11 months ago.

    1. Michael Hugh Carlin
    2. Mani Khavajian
    3. Marc Anthony Topoleski
    4. Alexander M. Ivakhnenko
    5. Ajay Kumar Arora
    6. ···
    9 lawyer answers

    Happy New Year! You should direct this question to the attorney who will be handling your marriage based green card application since your decisions will impact your application. If you do not have a high enough level of trust with your current attorney to ask him or her your questions, you should focus on finding an attorney who you trust and feel comfortable with asking any immigration questions.

    7 lawyers agreed with this answer

  4. Can i travel with valid B1/B2 visa while waiting for adjustment of status,

    Answered about 1 year ago.

    1. Michael Hugh Carlin
    2. Marc Anthony Topoleski
    3. Nicole Gabrielle Abramowitz Weber
    4. Helen Ramirez
    5. Alexander M. Ivakhnenko
    5 lawyer answers

    Congratulations on your recent marriage! As for your question, no, you cannot travel in this situation. You would need an advance parole.

    6 lawyers agreed with this answer

  5. Non Profit organization filling H 1

    Answered about 1 year ago.

    1. Marc Anthony Topoleski
    2. Alexander Joseph Segal
    3. F. J. Capriotti III
    3 lawyer answers

    Good question. If your non-profit employer is an H-1B cap exempt employer (meaning they have to be a non-profit AND affiliated with an institution of higher education), then the effective date of their H-1B petition would be immediately upon approval, not 10/1/14.

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  6. Am i can go for H1B?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Marc Anthony Topoleski
    3. Alexander Joseph Segal
    3 lawyer answers

    As Alexander mentioned, the success of your H-1B petition itself is not dependent on the outcome of your OPT, but your change of status request could be impacted. If you want a better idea of the possible outcome, you should have an experienced immigration attorney review your OPT application and immigration history. I wish you success with your application.

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  7. I am currently working on "OPT status", I will file my H1 in April 2014, I am planning to marry in May 2014,

    Answered 11 months ago.

    1. Marc Anthony Topoleski
    2. Alexander Joseph Segal
    3. Ajay Kumar Arora
    3 lawyer answers

    Congratulations on your upcoming wedding! Since your H-1B status would not be effective until Oct. 1, although your wife could apply for an H-4 visa after your H-1B petition is approved, she would not be able to use the H-4 visa to enter the U.S. until after your H-1B status becomes effective on Oct. 1. To come to the U.S. prior to Oct. 1, she would require an F-2 dependent visa and then would require an F-2 to H-4 change of status application.

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  8. Can i change my employer immediately after my h1 approval?

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Giacomo Jacques Behar
    3. Marc Anthony Topoleski
    3 lawyer answers

    Yes, you are able to change employers in this situation.

    5 lawyers agreed with this answer

  9. Green card after H 1 B

    Answered 12 months ago.

    1. Marc Anthony Topoleski
    2. Alexander Joseph Segal
    3. Jay Ignacio Nunez
    4. James T. Weiner
    5. Renee M. Dagher
    5 lawyer answers

    The best way to apply for a green card is to work with Ellis Porter! Seriously, there are multiple green card categories available and depending on your situation you may qualify for one or more categories. As a result, it's always best to speak with an experienced attorney about your options, and then once the best strategy is determined, your attorney will be able to give you specific information regarding the process steps, costs and timelines.

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  10. Moving from J2 to H1B 2014

    Answered 10 months ago.

    1. Russell Reid Abrutyn
    2. Marc Anthony Topoleski
    3. Ajay Kumar Arora
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    One of our office's specialties is handling visa issues for H-1B and J-1 physicians, so we see this issue come up quite a bit. Assuming your wife is selected for a J-1 waiver, moving from J-2 to H-1B is possible for you, however, the immigration service has been a bit inconsistent in how they are adjudicating these applications within the last several months. J-2 to H-1B change of status applications are being approved, but not always without issue. Consular processing seems to be a more...

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