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Russell Reid Abrutyn
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Russell Abrutyn’s Answers

512 total


  • Perm Labor got approved in EB2 and applying i140 if I switch employer (EB3) can hold onto prior dte?

    working as a contractor at client location( Employer-Vendor-Client) . I am in 3rd year of H1 ( extension applied). Indian citizen completed Masters in 2010.

    Russell’s Answer

    If you are the beneficiary of multiple approved I-140 petitions, you can sometimes apply the oldest priority date to all of the petitions. There are exceptions to this and there is inconsistent agency guidance on whether you can continue to use a priority date from a revoked or withdrawn petition. Additional guidance may be forthcoming.

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  • De naturlization?

    Hello lawyers, my question might be long please check the comment for the rest of it The islamic marriage should first start with a priest to gain you the title of husband and a wife People do it in dif ways Some do it right at the wedding c...

    Russell’s Answer

    The government has to prove that you gained naturalization by fraud or mistake. It is a difficult burden for the government to meet but one that have successfully met in other cases where they believe there was marriage fraud. There is no statute of limitations on denaturalization. If you are concerned about this, you should retain an attorney to help you build a defense against a potential charge now, before it is too late.

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  • Can Federal court order USCIS to approve I 485? Or can court order to reopen / remand the AOS application denied by USCIS?

    Can a federal court review discretionary denials by USCIS under Administrative Procedure Act?

    Russell’s Answer

    Congress has severely limited the ability of federal courts to review discretionary decisions made by the USCIS but there are some limited exceptions.

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  • We are Green card holders, how can we bring our 4 yrs and 16 yrs old daughters to US sooner

    We are Green card holders, how can we bring our 4 yrs and 16 yrs old daughters to US sooner than waiting for immigration times, we did not file petitions for them until now, but we used to live in Arab Emirates, once the residence visa is canceled...

    Russell’s Answer

    There are faster ways and slower ways. You should talk to an attorney to see if you can do it the faster way.

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  • Hello, Can I apply for J1 visa if I am in asylum pending status?

    I am a Syrian citizen. I applied for asylum 2 months ago. I am not eligible for EAD yet. My B status will end 22 July. I got a research position at Mayo clinic and it is really important to my future career. they offered to sponsor J1 visa. now my...

    Russell’s Answer

    While the attorney helping you with your asylum claim or the change of status application can provide you with more specific information, generally speaking you have to be in status to change to another status. It is unclear from the facts as you explained them whether you are in status now or have continuously maintained status. The law provides that an EAD cannot be applied for based on a pending asylum application until 150 days after application has been filed and it cannot be approved until 180 days after the filing of the application. This EAD clock can be tolled if the asylum applicant causes a delay or if the application is denied within the 180 day period.

    Some J-1s are subject to 2-year home residency requirements so you will need to investigate this before proceeding.

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  • N-400 interview descheduled for additional review??

    My case has been pending for almost 8 months now. Was first pending a back ground check for 5 months that During these months I submitted several inquiries to my local congressman's office and also through infopass. the only reply that I got was t...

    Russell’s Answer

    There are any number of reasons why the USCIS is conducting additional review. It could be that the standard review has not been completed. Or it could be that the initial review uncovered additional information that needs to be resolved. The USCIS could be questioning your eligibility for naturalization, your original eligibility for lawful permanent resident status, or whether you are subject to removal.

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  • I am from algeria and want to have an idea about the way to have a green card

    i'm maried and i do not have kids

    Russell’s Answer

    There are dozens of ways to qualify for a green card. Some require family sponsorship, some require employer sponsorship, and some do not require any sponsorship.

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  • How much grace period does an H1B holder have upon terminating his job to maintain a legal status ?

    Currently on H1b I am looking for a new job. However there might be a possibility that I might have to resign before I end up getting a new job itself. Do I have a grace period of 30 days or so to maintain a legal status ? Can I apply for a touri...

    Russell’s Answer

    There is no grace period. H-1B status ends when the H-1B holder stops working for the H-1B employer. However, the USCIS has the discretion to excuse a gap in status in adjudicating a request to change or extend status or change H-1B employers. The USCIS decides on a case-by-case basis whether to exercise this discretion. The longer the gap, the less likely this is.

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  • Can Our Plan Work Out For Us To Achieve A Marriage Visa?

    our plan is to get married this coming October - there is seriously no other time we can get married because she will be going to school in November, and since we're planning a really big wedding (over 500 people) we believe this kind of ceremony ...

    Russell’s Answer

    There are several different options available to you. Each has its own advantages and disadvantages, including time and cost. The plan you described could work, if done properly. You could also make it work if you come as a K-1 fiancé (which requires marriage within 90 days of the K-1 admission). There are other options as well.

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  • Question on i140

    I had approved I 140 in company A.I joined company B, company A revoked my i140.now if i join company C without i 140 can 8 get sam prio date for the labor and i 140 made on company A can be received?

    Russell’s Answer

    In the past, I would say probably. Now, though, the government is interpreting the regulations differently. You will need to be prepared to convince the government.

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