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Haroen Calehr
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Haroen Calehr’s Answers

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  • Can I transfer from B2 to H1B?

    I resigned from my company in November 2014 and left the United States. I came back to the U.S. on B2 in Mar 2015. Is it possible to transfer to H1B if I find a company that is willing to sponsor me?

    Haroen’s Answer

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    Its important that you wait 60 days first before you change status from B-2 to H-1B after your entry otherwise USCIS may claim that you misrepresented your self when you entered on the B-2 and you apply for a change of status prior to 60 days (its called the 30/60 day ruled, i.e. safest after 60 days, if before 30 days you are in trouble, if between 30-60 its a rebuttable presumption (its your burden to proof that you did not misrepresent your entry, but after 60 days your safe). So, on the H-1B, as you may now, your maximum stay is 6 years unless you have an approved PERM or I-140 or perm pending for 365 days or more prior to reaching the maximum 6 years and then you can renew your H-1B beyond the 6 years. Now, anytime you spend 1 year or more outside the US, you get a clean slate. Now, you mentioned you had previously been in the US on an H-1B but resigned in November last year so, depending on how much time you accumulated on your previous H-1B stay, which was already calculated against the CAP, if you have time remaining on the 6 years, i.e. you were here for 2 years, you can still recoup the remaining 1 year on H-1B and then renew for another 3 years with the new employer. Good luck.

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  • I'm a permanent resident I fixed my status three years ago I got a third dwi in new Mexico with my two daughters in the vehicle

    But just got convicted of the dwi by itself n didn't get no charge for child endagerment I got to do a month in jail for the dwi will I get an ins hold while I'm in jail doin my time?

    Haroen’s Answer

    Is the criminal case for the DWI prosecuted in Texas or NM? In Texas, a 3rd DWI is a felony. The 5th Circuit which covers (TX, LA and MS) does not deem a 3rd DWI as an aggravated felony BUT the Immigration judges and ICE prosecutors certainly look very critically at multiple DWI's especially in a short time span so, I don't think you will end up in proceedings for removal BUT I am not familiar with the laws in NW nor am I qualified to discuss them, I am not licensed in NW. I don't know how your plea agreement/conviction record reads. Not having an enhancement for child endangerment certainly is a plus for you. You will not be able to apply for naturalization in 2 years after having been an LPR for the last 3 years due to your lack of Good Moral Character since you have these 3 DWI's. You are skating on thin ice and should definitely look into perhaps going to rehab or AA to help you kick this disease since it may lead to more serious potential future run-ins with the law. If you want to apply for naturalization you need to have 5 years of GMC-Good Moral Character, i.e. no more criminal convictions among others and also count the 5 years from the last conviction or when you finish your probation "if" you were placed on probation. Definitely also seek the advise of a NW licensed attorney well versed in Immigration and Criminal law who can carefully analyze the specific elements of the case to determine your exposure to potential removal proceedings. Good luck to you.

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  • I was refused to get US visa because I was accused in alien smuggling. But it is not true. Can I clear my case?

    My name is Bahodur. I live in Dushanbe, Tajikistan. I am an owner and the general director of LLC. My company deals with education abroad, we send Tajik students to different countries, including USA to learn foreign languages and for non-degree/d...

    Haroen’s Answer

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    This is a very serious charge and may bar you entry for life into the US since alien smuggling has no waiver unless the alien's smuggled into the US were your immediate relatives (parents, spouse, children) but if not you are permanently ineligible to enter the US. As another attorney who answered your question mentioned first you should seek to obtain a copy of your entire file called FOIA-Freedom of Information Act from all the relevant agencies BUT they may not give you everything since some documents are not discoverable especially from the consulate/state department since they are mostly exempt from furnishing documents under FOIA but all the other agencies (USCIS, ICE, CBP, Border Patrol) they will have to give you a copy of their file with very limited exceptions such as law enforcement names, techniques etc. Obtaining your file "may" reveal the allegations and facts against you on how they came up/determined this derogatory information. If there is no factual or legal basis we may be able to file a lawsuit against the government in federal court. Just because some of your "students: ultimately abandon their F-1 student status and end up falling out of status and work illegally in the US this cannot automatically be imputed to you unless you are actively and knowingly assisting them in this endeavor or looking the other way or misrepresenting the true facts and I-20 qualifications etc. You should hire competent immigration counsel to initiate a complete FOIA and once obtained, review your entire file and than advise you accordingly. Options are somewhat limited since you are outside the US BUT the lawsuit against the state department/consular officers sometimes does work. Good luck.

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  • Can I law siut for not refunding my money. .

    I bought some flight tickets with my CC and the flight was canceled due to weather conditions. .. the airline gave me a number to file a refund ..I did file and obtained an email stating full refund due to weather condition. Its been 4 months and ...

    Haroen’s Answer

    Potentially yes of course you could file a lawsuit most likely BUT that should be your last option. Why don't you seek out an attorney in your area that could write a stern letter to the and most likely this will get things moving.

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  • If an airline makes a mistake and places an item in the cargo hole instead of the cabin of the aircraft are they responsible

    to pay for the item if they damaged it or does this fall under the Montreal convention rules? Thank you

    Haroen’s Answer

    The Montreal Convention only applies for international travel typically. For domestic travel, the airfare or ticket you purchased is called a "contract of carriage" and on the back (In the old days prior to electronic ticketing the physical ticket had all the terms written on it on the back). So, first we need to know the character of your travel and more facts on what happened.

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  • Will my case get approved?

    I just sent my N400 application and two days later the check was cashd in. I have been a US as a permanent resident for 12 years. For the first 5 years of my residency i was flying back and forth to my native country to study but for the past 7 ye...

    Haroen’s Answer

    It is true that the statutory period that the officer will look at are the last 5 years (3 if married to a US citizen) and during that time there are among others the physical presence test (half of the time you had to have physically been present in the US, so either 2,5 years or 1,5 years; not concurrently but collectively-overall) and then there is the residency test, i.e. you have to have been a LPR-Legal Permanent Resident-green card holder for either 5 or 3 years. BUT, also, you cannot have abandoned your green card by staying outside the US for more then 6 months unless you had a re-entry permit. Often times, LPR's do not have a re-entry permit and they do remain outside the US for more than 6 months or longer (if you stay under 180 days you are generally ok. If more than 6 months but less than 11 months, you need to proved to the officer inspecting you at a port of entry that you did not abandon your residency or a rebuttable presumption. But if 11 months or more, your green card has been abandoned by operation of law. Now, often times a person gets lucky and the officer at the airport/land crossing does not ask to much or is too inquisitive and you get admitted even though you were out too long. In that situation, during your interview for your N-400, the officer usually looks at the last 5 years BUT if you stayed out too long during the last 5 years he/she will count 4 years and 1 day from the last entry to make you eligible again for filing for N-400. In your case, it appears you stayed outside out side the US for more than permitted outside the 5 year statutory period. That does not mean that the officer cannot look at that and sometimes they do, just depends on the officer and he/she may refer your case to the immigration judge for removal proceedings, this is the worse case scenario. Best case scenario your case is approved. Possible scenario the officer will consult his/her supervisor and/or the Legal in House counsel for USCIS of the office where you applied at to determine what to do. So, there is an exception for remaining outside the US and not have been deemed to have abandoned your green card even though you did not apply for a re-entry permit if you were studying overseas, but also maintained permanent ties to the US but this is still discretionary and often times the officers are not familiar with this exception. They usually are only familiar with the exceptions of serving the US gov't or military, or for an international organization like the UN, etc. or a religious denomination like a church, etc. I think you should consider hiring a competent immigration lawyer in your area to accompany you to the N-400 interview and advocate your case with the officer who may not be familiar with all the exceptions or be willing to exercise discretion if you are not represented. Good luck to you.

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  • Can an attorney reschedule asylum interview if he is unavailable?

    I applied for asylum pro se but wanted to hire attorney for the interview. I got a referral and I like this attorney but he is unavailable at my interview time. If he reschedules will it delay my interview indefinitely? I would like to get indepen...

    Haroen’s Answer

    It will certainly delay the interview date since this is what he is asking for on your behalf but it ought not be "indefinitely" as you stated but it usually can delay the interview date by 30-90 days or more depending on where you are out of the 8 Asylum offices nationwide since some or busier than others. The process, if your newly hired attorney has notified the asylum office of his/her representation of you is to email them or go to the office in person or mail them a reset request for the interview. Good luck.

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  • Question 16 on Form I-765 for H4B applicant

    Hi, I am ready to file I-765 form and need help choosing the option for Question 16. I am currently on H4B visa, and my spouse is on H1B visa (with a valid I-140). May I know the option that should be used for question 16 on form I-765.

    Haroen’s Answer

    Are you applying in conjunction with your I-485 adjustment of status application as a derivative applicant of your husband? You need to tell us more before we can provide you with the proper eligibility quote for question 16. Good luck.

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  • Change of Employer with MTR Status?

    Hi, I am on H1 visa from October 2013. I got Notice to Intent to Revoke last month. My employer is planning to respond to it. He said, once we respond, it will go to MTR Status. MTR processing will take time ranging ...

    Haroen’s Answer

    What is the reason given for the NOIR? Fraud or what? I would be very cautious and seek the thorough analysis of an attorney who is competent and has all the facts before them before you may a decision to port (move). I hesitate to give you advise on what to do since I do not have all the facts. Good enough.

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  • What will happen if i withdraw my asylum

    I entered in states as student. After my OPT i didn't go back to school and filed asylum. I filed in Dec 2012 and recently I got interview date which is in next few weeks. I got married to Green Card holder in 2011. She is going to be Citizen soon...

    Haroen’s Answer

    Yes, this is a dilemma. After 2006, a new law was passed called REAL ID. This places additional burdens on asylum applicants so that "if" you are deemed to be not credible or worse caught lying you may be barred from any future immigration benefits so be careful. If your asylum claim is frivolous then definitely do not move forward. If on the other hand its not, you could attend or ask for a one time reset or as you said withdraw the application in writing prior to the interview date or attend the interview date and ask the officer on the day of to allow you to withdraw the application. "If" or once your wife becomes a US citizen, then, you don't have to worry about being out of status and she can file for you. Of course, there is also the risk that if you withdraw your asylum case the officer at the asylum office may issue an NTA-Notice to Appear, i.e. referring you to the immigration court for deportation proceedings since now, you are clearly out of status (its been 60 days past your OPT I assume and no longer in the grace period stage and also you no longer have a pending asylum case filed affirmatively with the asylum office. Its a hard question and dilemma and difficult to advise either way on what the best course of action is. Just hope your wife will have her naturalization ceremony very soon and then file for you which can also be done while your asylum case is pending and once the receipt is issued than withdraw your asylum case (if possible depending on the time constraints). Good luck.

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