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F. J. Capriotti III

F. Capriotti’s Answers

31,549 total


  • Taking a cruise while on OPT and approved H-1B with job on hand.

    I am currently on Post completion OPT(Expires in Jan 2016) and my current employer filed the H-1B which is approved from 2015-2018 which will kicks in from October 2015. I am planning to take a 7 days cruise to Caribbean which includes 7-10 hours ...

    F.’s Answer

    I wouldn't recommend traveling during this period.

    What did the company's immigration attorney (NOT a NON-ATTORNEY in HR) tell you when you asked him/her?

    See question 
  • I am an legal resident who in deportation. The judge cancelled deportation. i have my residence card. Do I get a new one?

    I want to know if I have to go to DHS to get a new card. Also, can I apply for citizenship, I have 20 years in the US.

    F.’s Answer

    Your facts are unclear.

    When did you get the greencard?

    When does it expire?

    See question 
  • H1-B -I am currently on H1-B and planning to quit my job. My last day will be 8/31. How soon should I leave USA?

    H1-B -I am currently on H1-B and planning to quit my job. My last day will be 8/31. How soon should I leave USA? If i booked my plane tickets for 9/10. stay here for about 10 days after i quit my job ,will that be too risky? thank you.

    F.’s Answer

    Technically you should leave before midnight on 8/31. But, they tend to 'overlook' a minor, say 10, overstay.

    See question 
  • With a valid F1 student visa and on a OPT, is it mandatory to have a job to travel outside of US? Any best time to travel?

    OPT begins 17 August 2016 and ends 16 August 2017.

    F.’s Answer

    It is usually NOT a good idea to travel without proof of employment ... and their permission for you to take a brief vacation.

    See question 
  • When is the best time?

    I'm a citizen getting married to an American next August, if God permits. I need my brother to walk me down the aisle, He's in Ghana. Want to file a visiting visa for him,but don't know if it's too soon or when is the best time to apply....

    F.’s Answer

    Unless he's firmly established in Ghana ... good job, owns property, has family that won't be traveling with him .. his chances of getting a B-2 are probably quite small.

    He can try now ... the visa is not issued based on your wedding date. Rather, it is based on whether or not they believe he won't be tempted to stay in the US.

    Keep in mind that if you entered on a B-2, or F-1 and are then converting to a greencard based on marriage, this could go 'against' his application for a tourist visa.

    Consider a 3-way Skype consultation with an attorney.

    See question 
  • Travel on H4 - I am on H4 and just got my H1B approved with Change of Status,

    I am planning to travel in September to my home country and also planning to get my new H1b Stamped. - Will there be any issues ? as COS is already approved. - What if my stamping does not go well? Can i use the same approved petition if ...

    F.’s Answer

    You should be fine. Get your stamp and enter the US after September 20th.

    See question 
  • Possible to obtain a new F-1 or OPT and H1B when under immigration petition F2B?

    I am in my last year of PhD study with valid I-20 till June 2018 but an expired F-1. My mother who is a green card holder filed immigration petition on my behalf years ago with the priority date June 2012 - according to the bulletin the current da...

    F.’s Answer

    The F2B petition may hurt your ability to get another F-1 visa stamp. It won't impact on an H-1B.

    Consider a Skype consultation with an attorney.

    See question 
  • If a principal asylees asylum gets terminated, does the derivative (who was not on the initial application) also get terminated?

    I came to the USA lawfully (with paperwork and inspection at entry) when I was 7 years old under a petition from my parents who were under asylum at the time. Their asylum got terminated when we went apply for green cards after I came to the US....

    F.’s Answer

    You need to show all your/their papers to an attorney ... my quick response is the yes, it is possible that your status could be terminated.

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  • Ima mother. Filled for me since 2007 2010 my mother was deported my I still come same pattion that was filled for me I was grant

    I was granted a a resident card but I was stopped after wat can I do

    F.’s Answer

    I'm a little confused. Are you asking if you can sponsor your mother? If so, you will need to become a US citizen first.

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  • Can I get a drive license in the state of Arizona, if I'm an illegal immigrant?

    I came into az with a work permit and i over stayed. It expire 2012 and I've been here ever since. No bad record at all. Just been here working and taking care of mi wife.

    F.’s Answer

    This isn't an immigration question. Contact the AZ DMV.

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