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Alan Barry Goldfarb

Alan Goldfarb’s Answers

3 total

  • J1 visa holder (no two year requirement) is it still necessary to get advisory opinion from department of state?

    Hi, I am a US citizen, my wife applied for AOS. She has had two J1 visas in the past. For both visas, her visa and DS2019 explicitly say that she is not subject to the two-year requirement. For her first visa, her exchange university covered th...

    Alan’s Answer

    If there is no question that your wife is subject to the 2-year home residence requirement, she would not need an advisory opinion as confirmation. Her visa and her DS-2019 both indicate that she is not subject, and the examiner would simply review the J visa and the DS-2019 in deciding whether or not the 2-year home residence requirement applies. If you believe that she may actually be subject based on the skills list, government funding, or another ground, you should consult with an immigration lawyer.

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  • H1B Extension - Out of Status

    At last minute, my company made a mistake in LCA and re-applied to get the LCA and the current petition is getting expired on coming 09/30/10. Please clarify my below queries, 1. Assume the company is going to file the H1B extension on 09/30...

    Alan’s Answer

    If the petition is being filed after your H-1B stgatus expires on 9/30, the employer should still request an extension of your status, but acknowledge in its filing letter that the petition is being filed late, explain the mistake with the LCA as the reason, cite regulation allowing for late-filed extensions, and address why you qualify under the regulation.

    Unfortunately, there is no grace period for H-1B visa holders. The best way of addressing this problem is by explaining what happened and how you qualify for a favorable exercise of discretion under the regulation.

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  • Get married with green card holder

    i have f1 visa. Can i get married with green card holder. is it ok if i stop going to school and apply for SS#, work permit after we got married thank you

    Alan’s Answer

    If you marry a permanent resident, your spouse could file a petition on your behalf, but you would still face a long visa backlog before you could apply for permanent residence. You would need to maintain your nonimmigrant status. If your permanent resident spouse is eligible to apply for naturalization, and becomes a citizen, your situation would be different. You would be considered an immediate relative under immigration law, meaning you could apply for permanent residence based on the marriage.

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