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Karen-Lee Pollak

Karen-Lee Pollak’s Answers

4,105 total


  • After Green card ?

    I recently got green card . Do I need to stick with my employee next 6 month or 1 year who sponsored it ? Is there any way employer can revoke my Green card if I leave ? Please clarify it ?

    Karen-Lee’s Answer

    You can leave. The intent must have been to work for them when gc received.

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  • If my employer withdraws H1B, I return back to home country, switch company, Would I still be cap exempt

    I am currently in US. Due to personal reasons, I have to go back and I switch company due to finantial reasons. From the new company can I still try to get an H1B on cap exempt? or should I go through the lotterry process again in the new company?

    Karen-Lee’s Answer

    If you have the approval notice you are cap exempt even if employer withdraws.

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  • How soon can an employer file for Green Card (GC)?

    I am currently on 4th year (4th year ends on Sep 30, 2015) of H1b with EmpA. EmpA has started GC process couple of months back, but haven't filed PERM yet. Got an offer from EmpB who has agreed to file GC within 1st month of employment. Is it advi...

    Karen-Lee’s Answer

    • Selected as best answer

    If employer a is only in the recruitment phase you will only lose a few months of time if employer b starts immediately. It really depends on who is the right employer for you long term.

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  • H1B VISA Transfer on 5th Year with approved I-140 to a full time position in one of the American Bank. H1B valid till Jun-2016.

    I am in 5th Year of H1B, got I-140 approval in April-2015, applied for H1B extension in June-2015 based on the approved I-140, got One year extension till June-2016. I got an offer for a full time position from one of the leading American Bank. ...

    Karen-Lee’s Answer

    1. Yes
    2. Very likely if they state they require you for a 3 year period full time
    3. You can only port if you have a 485 adjustment of status application pending for 180 days

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  • L1B Extension & H1B RFE at the same time

    My L1 VISA Status -> I94 Date - Valid till 15 Sep 2015 My H1B has been applied this year and RFE has been issued for that. So my L1B Extension is being filed now. Here is the case, L1B Exte...

    Karen-Lee’s Answer

    Submit your h1b RFE response ASAP and upgrade to premium processing. You should then get an answer Ina few weeks. File the L1b extension just before your your current L1 expires and don't file by premium processing then you should get the decision on the h1b before they adjudicate the L1

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  • Reapply into USA after been deported

    I have been deported almost 5 years ago. I trying to reapply in USA for adjustment of status based a previously principle parent application, prove when I was underage. Now that my case close and Im older than 21 years. How can I reapply into U...

    Karen-Lee’s Answer

    We need more info. What are the terms of the removal order. Can you reapply after 5 years. If not you will need a waiver. It is unclear if your parents are now citizens if so they could sponsor you. Consult an attorney

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  • I-864 Affidavit of support question- follow up.

    As I mentioned before, I am helping a friend with AOS process for his foreign wife. If I were to only use his current 2015 income, what should I write in Part 6 question 2 of I-864. He works part-time as a teller and part-time as a waiter. Em...

    Karen-Lee’s Answer

    I would use his hourly salary from restaurant without tips plus his teller salary. If he doesn't have enough income he needs a joint sponsor who is a citizen or lawful permanent resident.

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  • Do I need amendment approval for visa stamping even though relocated before April 9th ?

    Hi, My visa stamping is expired and currently on H1B extension. I have relocated to client B from Client A (which is on extension petition) on March 30th, 2015. H1B Amendment has been filed on regular mode on May 28th, 2015 and w...

    Karen-Lee’s Answer

    If you are working for the same company you do not need to wait for the amendment approval to go for stamping. I believe you are referring to the Simeo decision requiring an amendment when you change locations. If you have changed employers you will need to wait for approval before going for stamping.

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  • Completing DS-260, not sure how to answer... Have you ever been unlawfully present/overstay/violated terms of U.S. Visa?

    Wife entered U.S. 6 years ago with a tourist visa then changed status to F1 student D/S. After 3 semesters she stopped going to school and started working...she returned to her country 7 months after her sevis was canceled. She was out of status ...

    Karen-Lee’s Answer

    I am confused too. If she violated her student visa and they cancelled it she was out of status for 7 months and accumulated unlawful presence which was triggered when she exited the USA unless she changed her status to tourist before sevis cancelled her F-1. She also violated the terms of her visa by working without authorization.

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  • Adjusting my Status

    i would like to adjust my status as Resident ,.... i have my marry once in my country and divorce, i marry in the united states 3 years ago and divorce.. recently mariage for one year now to the third person we being marry for over a head now, ca...

    Karen-Lee’s Answer

    Sorry to hear about your son. Yes you can adjust based on your third marriage. You will need certified copies of divorce decrees and evidence of a good faith marriage such as joint bills, bank statements medical and car insurance tax returns and lease or mortgage in both your names.

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