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Gen Kimura

Gen Kimura’s Answers

2,678 total


  • Fiance visa for My wife

    Im planning to file fiance visa to my fiance , but when the process finish and she will get her visa we planing to get married in morocco before coming here to usa .is this possible or we cant get married since we filing fiance visa not marriage v...

    Gen’s Answer

    If your fiance come to the U.S. to get married, you have to file a K-1 fiance petition. If you and your fiance marry in Morocco, then your fiance has to do consulate process.

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  • H1b transfer from consultant to L1B holding company

    From june 12, i am working with a company A on L1B. In 2014 lottary my H1b was selected and approved for Company B. I have never joined company B and always remained working with company A on L1B which also got extended later. Company B never shar...

    Gen’s Answer

    I agree with my colleague. You can file a FOIA and copy of H-1B application and other documents which probably states that USCIS approved the H1B.

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  • New LLC - Hiring International students as unpaid interns - Can they use "offer letter" to obtain SSN ?

    We are a new LLC and we have an opportunity to hire unpaid interns who happen to be International graduate students. They would like to work for us as it gives them an opportunity to work on a structured problem and they can use the experience to ...

    Gen’s Answer

    The student should be able to obtain SSN for paid or unpaid position. I think the question will be whether the student is authorized to work in the U.S. Even an paid work is considered as unauthorized employment in many situations.

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  • H-1B Transfer

    Hi, I work for company A and have valid I-797 till April 2018. In between , If I transfer my H-1B from company A to company B and once I-797 is approved from company B , then Is it mandatory to work for company B ? If I wish not to wor...

    Gen’s Answer

    My opinion differs from my colleagues. Even if USCIS approved your transfer petition to company B, you are not required to work for the company B. Your can continue to work for the company A. USCIS's current position is that an approved H-1B petition remain valid if it is unexpired and not revoked, and a beneficiary continued to be employed by the petitioning employer. For example, it is even possible for you to have 2 H1B status. In 2002, USCIS issued a letter addressing the issue similar to what you asked.

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  • Can I apply for Temporary Protected Status while on OPT STEM? (follow-up question)

    This is a follow up to my original question (thanks for all the answers) I plan to apply for a TPS EAD for the first time next year assuming that DHS will extend the temporary protected status for Syria again. However, My current OPT...

    Gen’s Answer

    Your second EAD validity date will overlap your OPT EAD validity date. If you use TPS EAD while your OPT EAD is still valid, you will use your F-1 status.

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  • How long H1B can stay after being laid off? After returning to home country, is the H1B petition still valid ?

    How long H1B can stay after being laid off? After returning to home country, is the H1B petition still valid until until I-94 expiry [I-94 comes with I797 approval]? Can he/she transfer H1B petition from his home country?

    Gen’s Answer

    H1b employees are out of status the moment they lose their jobs even if their I-94 is valid. An new employer can file a new H1B petition as a consular processing.

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  • Can I use my I-797B approval notice to apply for a H1B transfer, before stamping?

    Hello, I am currently in the United States and been working with Company A at a client location (Company B). My visa status is F1 (OPT STEM Extension) which is valid until Dec 2016. My H1B was filed by Company A under consular processing...

    Gen’s Answer

    Assume you've satisfied all the H1B requirements, Company B can file a H-1B change of status petition. I agree with my colleagues. Please consult with an immigration attorney.

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  • When can i submit my documents?

    I'm supposed to apply for H1B after 1 year work permit. I got my OPT August 2015. I heard application is opened by 1st of October, can I submit my documents anytime after 1st of October or it has to be 1st of April the next year.

    Gen’s Answer

    USCIS has to receive your H1B petition by 4/1/2016.

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  • H1B - want to go back to previous employer A

    Hi, I was in company A on H1B and I 797 valid till March 2017 In August 2015 , I went to company B with I 797 valid till May 2018 Now again I want to work with company A again . Attorneys of A company says the below 1. File a new LCA as work ...

    Gen’s Answer

    Your previous employer has to file a new I-129 and LCA. Your visa does not have to be revoked. As long as it is valid, you can continue to use it even after you transferred to your previous employer.

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  • Applying for B2 Visa to attend my son Graduation ceremony in December. I am applying again they denied me in July .

    I am doing business and running my old Private school since 1988 . I have only one son and i send him to USA for higher studies. I applied in July and they denied me because i think they think i have only one son and no children's back home or a...

    Gen’s Answer

    You could apply again. However, you have to submit strong support documents to prove that you have no intent to immigrate. If you think the denial decision is unjustified, you may request State Department to review the consulate decision.

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