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Gen Kimura

Gen Kimura’s Answers

2,667 total


  • I applied for l2for wife on nikkah basis it was put under administrative processing for 4 months and now denied under 214b

    should i get the rukhsati done tht is the custom of starting living with inlaws in pakistan but nikkah is religious and lawful marriage in islam then why was my visa rejected,i took the nikkah pics my husbands employmnt letter his bankdetails,pass...

    Gen’s Answer

    What is your current status? Do you have H1B or L1? Either way, L1/2 and H1/4 are dual intent visa so 214 should not be an issue. Please consult with an attorney.

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  • Travel outside US after submitting the application to convert to a different visa status

    Hi, I'm currently on F1 Visa until 2015 and I'm planning to apply for a H1B this April 2014 which would be valid from October 2014. I would need to travel outside USA during end of May. Does that effect my H1B process or my F1 visa? Can I stil...

    Gen’s Answer

    I agree with my colleague. If you leave the U.S. while the change of status application is pending, USCIS consider the application abandoned.

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  • Will I be deported after my divorce?

    I'm a Chinese citizen with a green card since 2006. I got my green card because my husband was a U.S. citizen. We got married in China but then moved here. I have a good job here and make good money, I pay taxes, I have no criminal history, etc...

    Gen’s Answer

    Not true.

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  • What is timeline for H1 Amendment after client location change?

    My employer filed for H1 transfer when I was working for client A. Now I moved to client B in different state. My employer filed for new LCA when I changed client. It is been 6 months now. I need to go to my home country in march and now I came ...

    Gen’s Answer

    An H1B amendment might or might not be necessary. The H1B amendment must be filed when there is a material change in the H1B job. You need to discuss the material change issue with the employer's attorney. A new LCA must be filed before you changed the job location.

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  • OPT STEM extension Expires in March 2014, can get the H1B-CAP-GAP extension for the next year applying in April 2014?

    My OPT expires on March 2014. My Company applied for H1b in April 2013 it is still pending despite of Premium processing. I have an I-140 NIW pending since Nov 2013. What is the best option for me to: 1- Stay in the US to avoi...

    Gen’s Answer

    1. You can continue to stay in the U.S. until 3/14/2014, as long as the H1B application is pending, or new H1B is filed during the OPT's grace period.
    2. You can't work legally after 3/14/2014 unless the currently pending H1B is approved.

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  • Applying for green card threw marriage, I'm 21 and my partner is 41. Can he petition me for a green card?

    Applying for green card threw marriage, I'm 21 and my partner is 41. Can he petition me for a green card will the age difference affect our case if he applies for me? We do love each other and we can prove that we have a bona fide relationship.

    Gen’s Answer

    I agree with my colleagues. He can sponsor you for a permanent residency status as long as the relationship is legitimate.

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  • H1b revoked and new H1b petition is on the way

    My previous employer revoked my H1b 25 days ago and I got a new job offer. My new employer if filling my H1b in a few days. I understand that I am out of status and if my H1b is approved it will come without i-94 that means that I need to...

    Gen’s Answer

    1. It could happen, but is not very common. One has to prove that a failure to maintain status is due to extraordinary circumstances beyond the control of an applicant or petitioner.
    2. I can't answer this one without reviewing your case.

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  • H1b extension withdrawn while transfer is in process which is filed after i-94 expiry. my stay in us is legal right?

    i was working for company A and my visa was valid till 11-Oct-2013 and extension was applied on 04-Sep-2013 and i have joined company B on 18-Nov-2013 and transfer is also filed on same day to company B. Now my extension from Company A is with...

    Gen’s Answer

    You have to hire an attorney to review your case to be sure. In order for the transfer application to be approved, the extension application must be approved. Your transfer application may be approved without I-94.

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  • Premium Processing Refund for RFE Response

    I got a RFE on my I140 and we responded it. Its been 17 days since USCIS received our packet but we haven't heard anything decision on the case yet. Does USCIS refund the premium processing fee if they don't give the decision in 15 days? ...

    Gen’s Answer

    Yes. Please see (http://www.uscis.gov/forms/how-do-i-use-premium-processing-service)

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  • My H1-B LCA if filed for Location A (Employer), but I am working at location B (Client)

    My LCA if filed for Location A (Employer), but I am working at location B (Client), but the distance between A and B is 20 miles, do I need a new LCA or amendment? Will this be an issue if I go for H1-B Stamping?

    Gen’s Answer

    It is a problem if the certified LCA did not includes both employer's address and work location address.

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