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Gen Kimura

Gen Kimura’s Answers

2,667 total


  • Can I use Cross-Chargeability?

    My husband was in court a couple years back and the case was dismissed because he was eligible to adjust status using cross-chargeability. I was born in Mexico however I (his wife) have nationality from Spain. We have tried submitting I-485 using ...

    Gen’s Answer

    You need to use a bright color cover sheet addressed to the mail room supervisor.

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  • I am a PhD student and want to apply for EB-2/ NIW

    I am a PhD student in ASU east campus. Can I apply for green card through EB-2/NIW. If I can apply, What do I need to do? I have downloaded the I-140 forms from USCIS, what else do I need? I am currently on F1 visa Thanks

    Gen’s Answer

    You need to submit supporting documents to demonstrate that you meet NIW requirements such as citation report, expert letters, awards, publication records...

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  • I just got U.S citizen, and now I want to bring my parents in Vietnam to U.S.

    I just got my US citizenship. Could you please help me to know how many forms I need to fill out and what are those? Do my parents need to do anything in Vietnam? If could, could you guy please tell me step by step to get it done legally? Thank ...

    Gen’s Answer

    You need to file Form I-130.

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  • About to process AOS through marriage to US Citizen. TN visa (still valid) might be interpreted as misrepresentation.

    I got married to US citizen,currently and hold a valid TN visa. I came here under the NAFTA professional treaty, and I have been working as a General Manager of a restaurant for a year and a half. One of the requirements to get a TN visa is that ...

    Gen’s Answer

    I agree with my colleagues. The facts of your case has to be reviewed. You should not file I485 at this point.

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  • H1-B extension

    This is my 6th year of H1-B . If i travel outside the US and my H1-b expires while I am still outside the country, how do I re-enter back in the US? Can my h1-b extension be filed while I am out of country and if yes, how will the period of extens...

    Gen’s Answer

    I agree with my colleagues. The extension has to be filed while you are in the U.S. In your case, you have to do consular process.

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  • H-1b petition from multiple employers.

    Hi...Please help me to understand...Is it legal to file H-1b petition from multiple employers ? Should I go ahead with that since I believe there will be lottery this year also.

    Gen’s Answer

    It can be done.

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  • Do unpaid positions qualify as employment under STEM-extension?

    Are unpaid positions with an e-verify employer considered employment under the STEM-extension? I'm getting conflicting information from multiple universities – some say that 20 hours of unpaid employment counts and can keep you in status. Others s...

    Gen’s Answer

    It could if the position require at least 20 hours/week, and the work is related to your degree area. However, you cannot “volunteer” in a position that would normally be paid. You need to discuss with your student adviser.

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  • Travel while an H1B petition with COS is under processing

    Currently on an L1B visa with an H1B petition with COS filed and being processed by USCIS. In this situation, I understand that the general recommendation is to avoid travel outside the country. However there is a personal situation that requires ...

    Gen’s Answer

    I agree with my colleagues. You still have to do consular process even if you reenter the U.S. before the H1B is approved.

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  • Have L2 visa, getting divorced and marrying US citizen

    Hi, I am in US on L2 visa (my husband has L1 A visa). Currently I am employed (have a work permission). I am planning on getting divorced and get married to a US citizen. How is the transition of status will be? Will it affect my working e...

    Gen’s Answer

    It will affect your status. Once divorce is finalized, you will lose your L2 status and work authorization.

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  • Removing Conditions on my Permanent Residency Card

    I missed the deadline to file to remove my conditions. Can I still do it? What immigration consequences am I facing for missing the deadline? I have been married to my wife for over 3 years. Please advise

    Gen’s Answer

    You can still file it, and as my colleagues suggested, you should file it asap.

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