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Stephen D. Berman

Stephen Berman’s Answers

11,145 total


  • Unused & VISA not done on H1 B Filed during 2007 having a validity till 2009, will this petition come under the CAP-EXEMPT?

    I797 Petition for H1B was filled in the year 2007 but I did not go for my non-immigrant visa ? I wanted to know that validity of the H1B , and will that come under CAP-EXEMPT for me to get it filed again .

    Stephen’s Answer

    The six year prior for the H1b ended in 2013, so no, not cap exempt.

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  • My employer have reduced wage level from 3 to 2 on LCA for H1B extension. Though there is no change in client, role or location

    For my H1B extension process, employer has filed a new LCA at lower wage level. Is this appropriate as there is no change in client, role or location.

    Stephen’s Answer

    There is no rule against the employer doing that if you agree to accept continuing to work under such conditions.

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  • Can I change my J1 visa sponsor within the 3 years term by leaving USA? Do I need to get passport visa again in that case?

    Hi, I got a J1 visa from 2014 till 2017 but I withdrew from my sponsor's program in May 2015 and my sponsor cancelled my name in sponsor's system. I want to know if I can enter USA with a new DS Form from a different sponsor as my J1 visa...

    Stephen’s Answer

    There is no rule against getting a new J1 visa if you had one in the past. The US Consular Official may want an explanation what happened with the first J1, as well as whether there was any violation of status in the U.S.

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  • I am an international student (Syrian-F1) since May/2014. Am I eligible for work authorization (not TPS work authorization) ?

    I am an international student (Syrian-F1) since May/2014 (MBA) and I am in very good standing in my school .I want to get work authorization under Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Notices . because CPT or OPT (the work...

    Stephen’s Answer

    You want to know if you can get work authorization other than TPS, and other than CPT and OPT. There are other ways to be eligible for employment authorization, such as spouse of L1, pending adjustment of status, pending asylum or cancellation of removal, etc. If you qualify in some other category you may be able to get permission to work.

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  • Do you need to show proof of past employment at N400 interview (I485 approved after switching employer) ?

    * I used to work for A who filed my (Perm,I140 both approved) and then I485 after PD became current. Soon after PD retrogressed. After 18+ months of I485 filing, I got laid off. * Within a week I find job with startup B. B files H1B transfer ...

    Stephen’s Answer

    It is possible that they would ask questions about your employment.

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  • Time required for getting Visa for a Male Spouse/Fiancee who is a Pakistan Citizen currently in USA on B1/B2 Visa

    I am from Pakistan. I have a GF who is an American Citizen and i am currently visiting her on B1/B2 Visa. We are planning to get engaged/married in a couple of weeks. I want to ask if Spouse Visa IR1 is better for us or a Fiance Visa K3 ? What is ...

    Stephen’s Answer

    If you get married, you could and should file for adjustment in the U.S. That will take 4 - 6 months, during which time you can get permission to work and travel. Generally a K3 is out of the question and an immigrant visa will leave you out of the U.S. for a year or longer. The filing times do not depend just on what country you are from and certainly not on your gender.

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  • Immigration attorney

    Does a person who entered the country uninspected, illegally, who qualififies for DACA, but also has recently married a US citizen, need to start a change of a tatus with an I-130 or with DACA? The concern being, she was the age of two at entry, i...

    Stephen’s Answer

    There is no requirement to file anything based on marriage to a US citizen. However if you would like to get permanent resident status based on the marriage, your spouse can file a petition for you and you can process of the visa abroad, or get admitted into the U.S. on humanitarian parole and adjust in the U.S.

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  • My H1-B is expiring in October 2015. My questions When should I apply for extension? Can I change my employer now?

    I work in Information Technology sector and this is going to be my first extension.

    Stephen’s Answer

    You should file for an extension up to six months prior to the expiration. Given the slow processing times, it would not be too soon to apply. You can try to convince another employer to petition you also.

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  • I am Nepali and eligible for TPS. Can I use TPS as a fall back option if my H1B got lapsed for some reason (e.g:unemployment)?

    I am a Nepali citizen and I am eligible for recently designated temporary protected status (TPS). My company has also filed H1B and the case is currently pending. I want to maintain my status through H1B. However, can I use TPS as a fall back opt...

    Stephen’s Answer

    You can stay in the U.S. with TPS, but TPS is not a non-immigrant status. As such a grant of TPS is not a change of status from H1b. One can have TPS and be in valid H1b status.

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  • Does uscis or department of labour call previous employer during GC processing.?

    Does uscis or dol call previous employer during GC processing.if so what would they verify.i worked for a consulting company for 2 months only,not sure if they can screw up my GC processing.can the previous employer deny my employment even though ...

    Stephen’s Answer

    The U.S. Department of Labor certifies that there are insufficient U.S. workers for the position. They do not verify your qualifications.

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