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Leda Fan’s Answers

6 total

  • Employer not paid me for 3 Months

    Hello, I am on H1B visa and was working for a California based small company. I was working at client site in Illinois. My employer generated pay stubs for me but did not pay me between 23-MAR-13 to 19-JUN-13. All time sheets approved by the c...

    Leda’s Answer

    DOL is very strict on enforcing the employer's LCA obligations to pay the H-1B wage. It looks like you may have a very good chance in getting your back wages plus interest from the employer. Hire an attorney to do it for you. If you prevail, Judge will award you the attorney's fee as well.

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  • How does the August 2013 Visa Bulletin stating "Current - C" for F2A - Spouse of Permanent Resident change the GC app time?

    I am a GC holder and will marry my Swedish fiance (currently in London), in August 2013 in London. She visits me in the US frequently using her ESTA visa waiver and can stay for a maximum of 3 months each time. It is well known that apply...

    Leda’s Answer

    I urge you to seek advice from an immigration attorney as soon as possible. From the situation you described, you are strongly urged to seek case specific advice. Be mindful that when, where, how soon the marriage takes place can be critical in the entire application.

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  • How can I get resident status so I can join the National Guard?

    As the question states I wish to do this so I can join the national guard. The sergeants I talked to said I would have to talk to a lawyer. At the moment I only have my 2 years workers permit and social through the Obama deferred action/dream ac...

    Leda’s Answer

    It sounds like you are a DACA holder. Check out the "MAVNI" program by googling and see if you have any specific language skills the Army is looking for. You are eligible for MAVNI by holding being a DACA grantee. If you can get into MAVNI, you will get your CITIZENSHIP in 10 weeks.

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  • I am a US citizen. To process my wife and 3 children born in Mexico, do I need an I 1-30 petition for each?

    I read the booklet from the Dept. of Homeland Security and because my children would get deritative status, it seems to say I do not need a separate petition for each? Others claim you need separate petitions. Because each petition requires a fe...

    Leda’s Answer

    Generally speaking, I-130 is needed for each beneficiary petitioned by a US citizen, i.e. one for your wife, and separate petitions for each child, whether or not, they are your biological children. However, there are situations that you may transmit your citizenship to your biological children.

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  • N400 - I dont remember all the places where I have lived or when I did. I only use 2 permanent addresses, would that be okay?

    I have basically lived in 10 different places, all less than a year with each other. I don't remember the dates or even the addresses that I used. I did have two permanent addresses, would that be okay?

    Leda’s Answer

    I agree with my colleagues that it is do your best system based on what you have. However, it is better to rely on some paper trail you left throughout the years than very vague or possible conflicting information from what has been gathered on you. There are a number of documentary trails you can track. In general, N-400 should be a straightforward application and can be done by applicants themselves. However, depending on each person's own situation, it can be quite dangerous to do it on your own. It can come down as simple as entering your past addresses.

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  • Can I file green card application with my husband while I'm an asylum now?

    I was approved as asylum already but haven't apply green card yet. Can I get marry now and apply green card with my husband together? He has H1B VISA now.

    Leda’s Answer

    The facts I got: Your boyfriend (soon husband) is on H-1B visa. You had your asylum approved within a year. You are going to get married after the asylum approval. You will be eligible to apply for I-485 adjustment of Status (AOS) next year.

    You did not mention that your soon husband had any types of immigration petition approved. Assume he does not. Then the question is whether he can apply for green card with you next year after your marriage based on your asylum approval. The long standing of the USCIS for spousal relationship established after asylum grant is to deny the after-acquired spouse benefiting from your asylum grant. You need to consult an experienced immigration attorney with all your facts to provide you a definite answer.

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