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Stephen D. Berman

Stephen Berman’s Answers

12,571 total


  • Can the H-1B petition have a different title listed instead of my actual job?

    I am seeking an H-1B transfer. Almost got an offer from a large corporation as an Account Manager and they told me that in according to prevailed wages they would have to pay me a higher rate than what they would actually be able to offer me. Can ...

    Stephen’s Answer

    The exact details make a difference and one really must see a lawyer for this type of question. If you are doing one job and listing a title to a different job, in order to get lower wages, it is a problem.

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  • What is follow to join?Is this correct and if so what is the process and is there any waiting period?

    I am an asylee (asylum received through my father when I was 17) I am planning on adjusting my status to permanent residency (something I should have done a long time ago) however I got married last September and someone told me that she qualifies...

    Stephen’s Answer

    It has nothing to do with your case at all. That is for someone who immigrates on an immigrate visa that allows dependents to immigrate with the principal.

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  • What kind of evidence does the daughter need to provide relationship ?

    My wife's green card is good for 10 years but her daughters is good for only the 2 years and looking at the instructions they never explain anything like that.

    Stephen’s Answer

    If it is a conditional green card, you must file to remove condition. See a lawyer.

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  • Will there be any problem in changing the POE?

    Hi. I got a fresh H1b and my work location would be New Jersey. My sister is already staying there in Florida( Tampa). My mom will be travelling with me to see my sister. I'm planning to accompany her till Tampa and spend some time with my system....

    Stephen’s Answer

    There is no law that obligates you to arrive at an airport close to your job, however if you do not, it may raise questions and get you sent to secondary inspection.

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  • Me&my husband on student visa here my dad is a us citizen how long does the petition take and during that can we get work permit

    Im in the states as f2 and my husband is in f1. My father is a us citizen and i am over 21. Any possibility for the adjustment of status while we are here

    Stephen’s Answer

    If you can stay in status for the next ten years yes, and if not, then no.

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  • Will I be stopped at the point of entry with an overstayed j-1 visa?

    Got an approved immigrant visa based from CR1. Consul during the interview said I overstayed my J-1 Visa. Returned to my home country to fulfill a 2 yr home requirement. My spouse is a US citizen. However, ceac says my visa is under Admi...

    Stephen’s Answer

    Since a J1 is admitted for duration of status, unless and until there is a finding that one failed to maintain status, or engaged in unauthorized employment, there would be no bar to admission to the U.S.

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  • Does an illegal immigrant father have any rights over my daughter after almost 7 yrs of no contact

    My daughters father left the state when she was 2 yrs old and only contacted me a few times after he left but hass never paid any type of child support since she was born. He has pictures on fb of her but has never been there for her financially a...

    Stephen’s Answer

    A parent does have legal rights regarding his or her child, regardless of immigration status or even physical presence in the U.S.

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  • What is the process of going from H1B to H4 and get the EAD ? What is the fastest way to get the conversion ?

    Hi - I am currently working on H1-B VISA from my organization and my Husband has his own H1-B from his employee with I-140 approved. Now , i need to move to H4 and apply for EAD on my husband's VISA and continue working for a different company. Wh...

    Stephen’s Answer

    One who is eligible would file an I-539 application for change of status and a form I-765 application for employment authorization.

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  • CAN

    Can multiple employers file H1B petition for 1 candidate? I was trying to find a link for it on the USCIS website for reference. Please share any official USCIS link which shows that multiple employers can file for 1 candidate.

    Stephen’s Answer

    They can. Certainly USCIS would not encourage a foreign national to tell multiple employers he or she plan to work for them, and thereby defraud them of thousands of dollars.

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  • What can you do when a lawyer wrongly advised you and became an illegal resident and ineligible to apply for the green card?

    My relative applied for a Family Based Green Card since her dad is a citizen and her mom is a permanent resident. She entered the country with a F-1 status; however, she became ill and decided to take time off. She consulted with her legal counsel...

    Stephen’s Answer

    Before deciding what to do about the bad legal advice, you should understand that the advice very well may have been correct at the time it was given. A minor child of a US citizen is eligible for adjustment of status even if she failed to maintain her status.

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