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Gen Kimura

Gen Kimura’s Answers

2,667 total


  • L-1A, Denied because subordinate employees are not direct hire.

    My employee's L-1A extension is denied recently. According to a lawyer, immigration said L-1A employee has to supervise subordinate employees, and they can not be from staffing agency. The L1A employees managed three employees form the staffing a...

    Gen’s Answer

    • Selected as best answer

    The case you just described is approval. In the context of L1A cases, the regulation does not require a subordinate employee of the L-1A beneficiary to be a direct hire. To be clear, there must be an employer-employee relationship between the L-1A beneficiary and the petitioning company. L-1A beneficiary can not be a contractor of the U.S office nor the foreign parent company. The regulation states "directly supervise" not "directly employed" Foreign Affair Manual clearly states independent contractor is okay. However, I've seen more RFEs using phrase " direct hire". The key is that your supporting documents have to show that the L-1A beneficiary directly supervise and have control over the contractors' work.

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  • How can I help to bring my uncle from Pakistan to united states

    Can I sponsor him in any way

    Gen’s Answer

    You can not sponsor him as there is no family category for uncles.

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  • Dream Act benefits received successfully, now wants to apply for a green card, but she came through Mexico. Possible?

    The first time she arrived by plane. The second time, she crossed the Mexican border (gave her finger prints at the border). She received immigration benefits from the Dream Act law. Is she eligible to apply for a green card based on her marriage ...

    Gen’s Answer

    I agree with my colleagues. If she entered the U.S. legally, then it is possible that she is eligible for adjusting her status. We need more information.

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  • I am H-1-B visa holder. My wife is USA citizen. What is the green card procedure? Do I need sponsor if my wife is my dependent?

    Hi I am H-1-B visa holder working in multinational in Houston. My visa is valid till October 2016. I recently got married to USA citizen. I want to process my Green Card. However, my wife does not work currently and my W-2- she is my dependent. S...

    Gen’s Answer

    She has to be your sponsor regardless her income. She can use your income to meet the income requirements.

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  • What are my chances for EB2-NIW?

    I'm on my first OPT, have a PhD in Physical Chemistry in the US, I have 5 publications (good ones) in the field of nanotechnology and infrared Lasers and 10 conference presentations. My publications were cited more than 180 times in many countries...

    Gen’s Answer

    High citation numbers and peer reviewed publications in highly ranked journals are some of key elements for a strong NIW petition. You would like to have an attorney review your resume.

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  • I have a 2 masters from united states and working on my PhD, wondering about eligibility for EB2 National Interest Waiver (NIW)

    I also published papers and presented my work in conferences. Both of my masters are science related. I am on a valid F-1 visa and have been in the united states for seven years working as a research assistant. wonder if I can get a green card thr...

    Gen’s Answer

    I agree with my colleagues. Please have an attorney review your resume.

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  • Eligible for EB-2 (NIW)?

    I am a current PhD student (2+ years), below is my profile 1. Came to US on F-1 Visa, and now on a renewed F-1 Visa 2. Have Bachelors, Masters and currently in PhD (all in the same field) from Univ A which is #1 in my field 3. Hav...

    Gen’s Answer

    Q1: At best, it will be a weak NIW application.
    Q2: Probably yes.

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  • I am a US Citizen and want to get papers for my husband who came in the country illegally.

    I am a US Citizen and am married to an illegal immigrant. We have been married for 10 years and have 2 children. Due to his legal status we had to live apart for many years. I couldn't leave here permanently and he couldn't leave there for fear of...

    Gen’s Answer

    You will need to consult with an immigration attorney. If he is eligible for 245(i), he could adjust his status in the U.S.

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  • What are our next steps for my husband to become legal to work in the US after marriage in Texas?

    we have been together for 5 years, living together and separate in that time, now married. He came here at age 17 illegally from Mexico- he is now 26. We live in Texas together and no children. What are the next steps for him to be legal to work h...

    Gen’s Answer

    It is complicated process, and you need to consult with an immigration attorney. You can start the process by filing Form I-130, but most likely a waiver application has to be approved before he become a permanent resident. If he is eligible for 245(i), he can adjust his status in the U.S.

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  • What action should i take and what exact form should fill out to apply for my wifes residency through me.

    i am a born citizen and she is a immigrant from Guatemala that has been here since 1998 and is currently a college student and is working with the current dream act permit, we married last year and have been together since high school (2008). She ...

    Gen’s Answer

    I agree with my colleagues. Please consult with an attorney to determine if she is eligible for 245i.

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