Skip to main content
F. J. Capriotti III

F. Capriotti’s Answers

33,402 total


  • Will H1B be totally invalid if COS (from H4 to H1B) is not done before the H1B expiration date?

    My H1B petition is approved without I94, valid till 30th sept-2016 and my H4 extension is in process. To active my H1B, I have to go for Change Of Status from H4 to H1B, once my H4 extension is approved (not willing to go for H1B stamping from hom...

    F.’s Answer

    Document issues from employer side? By any chance are they a job shop that sends workers to 'client' sites to work on projects?

    How old is this approved petition? I'm guessing from 2013. If so, I'm not so sure it is still valid.

    Meet with an immigration lawyer and NOT a NON-ATTORNEY in HR.

    See question 
  • Recapture

    I have a pending extension based on recapture after 6 years can I get RFE as recapture guidelines by USCIS clearly states no RFE either approval or denial?

    F.’s Answer

    You wouldn't get an RFE. But, the employer that 'owns' the papers might.

    Keep in mind that guidelines are just that .... guidelines ... not hard-and-fast rules.

    See question 
  • How long do cross chargeability cases take to actually get green card it's been almost a year and no interview yet?

    Hi

    F.’s Answer

    The fact that it is a cross-changeability case isn't as important of a question as is "what type of" petition was submitted?

    NOTE: 1 year isn't a long time to wait in California.

    See question 
  • Should I file the K1 visa right now or wait for her to return back to her country and then file?

    My fiancee and her sisters (non-USC) are planning a vacation to the US and have applied for a tourist visa. I am filing for my fiancee's K1 visa this week. ( I am a USC). Will this be a red flag on the K1 application when being processed.

    F.’s Answer

    I agree with my colleague:

    1. Filing a fiance visa before she comes to the US could be a problem
    2. Why file for a fiance when you could file for a marriage visa ... easier, and cheaper.

    Consider a Skype consultation with an attorney before you file anything.

    See question 
  • Can I apply j1 inside the country and also have history asylum deniL

    I am f1 and with valid student visa. It will be expired December 2016.in 2014 I have asylum denial history. I am going to apply j1 and I notice it that it is hard for me because I have immigration intention and break rule 214b. I found out that I...

    F.’s Answer

    You need to stop filing papers without legal guidance. Talk to an attorney in private, many of us use Skype.

    See question 
  • Will I have any issues with getting student visa, if I apply from my home country before he will apply for political asylum?

    My husband and I are in US now on tourist visa, he is not going back to home country and going to apply for political asylum, and I am going back to my home country and going to apply for student visa F-1.

    F.’s Answer

    I'll be honest, I don't see you being given a F-1 student visa when you go home.

    Talk to an attorney before leaving the US, many use Skype.

    See question 
  • Asylee national passport

    Dears, Two years ago I granted asylum and at that time my wife was pregnant and living in a third country and when she gave birth usis ask me to issue a national passport for my son to petition and bring him to the United States. At that ti...

    F.’s Answer

    Does your son have his own passport, or is his photo/name only written in yours?

    See question 
  • How can I find places to translate my birth certificate?

    I believe I will need my birth from my home country translated. What is acceptable for a translation? Is there a business certified by the USCIS?

    F.’s Answer

    There is no such thing as a 'certified USCIS' translator.

    Any one who is fluent can do it ... including yourself.

    Consider discussing this, and other immigration matters, with an attorney via Skype.

    See question 
  • When do I need a lawyer present at the interview with my spouse and I? Are you treated differently when an attorney is present?

    Besides working without authorization and overstaying my visa I believe there is nothing too "serious" about my green card application. My interview is going to happen soon. Is it safer to have an attorney present during the interview?

    F.’s Answer

    It is always good to have an attorney present. They can help with difficult questions and, quite often, the officer will treat you with more respect.

    PS Working without authorization and being an 'overstay' is 'serious' ... don't take this lightly.

    See question 
  • Can they deny my re entry permit for being petitioning my husband? or for not been at the us? what should I put in form?

    I am a permanent resident, I went to the United States in April 2014 then I return to my country in March 2015 and I will now go back in February; I want to make a petition for my husband (with whom I’ll marry before I go) I wanted to know if I ca...

    F.’s Answer

    You are 'pushing' things by not living in the US very long before you left for nearly 1 year.

    If you're not careful, the government could deny a re-entry permit and claim that you abandoned your US residence ... or never established one to begin with.

    You should have a Skype consultation with an attorney before you do anything.

    See question