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J. Thomas Smith Ph.D.

J. Smith’s Answers

3,351 total


  • Can I file for H-1b cap-exempt petition while I'm on my OPT Grace Period?

    Hi, My OPT ends on August 4th, so my F-1 60 day grace period will start from that point. Can I file for H-1B while I'm in my grace period? I plan to file it as premium processing to vermont service center. When it is being filed...

    J.’s Answer

    I agree with my colleagues. You can file during the grace period. Either change of status or consular processing would be appropriate.

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  • Immigration question

    So my husband is a permanent resident I'm reading about the new waivers how can that help my situation I enter without inspection

    J.’s Answer

    At present you do not qualify for a Provisional Waiver.

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  • My wife accidentally opened her sealed envelope after she got her US immigration visa. form G325 was there which is ripped?

    My wife got her visa stamped last week on her passport and she accidentally opened her envelope. I got the answer for the opening of sealed envelope but other question is she accidentally ripped a form G 325 in it that was stapled. now what is the...

    J.’s Answer

    I would suggest that you speak with an Immigration Attorney there in Atlanta. The IA may provide a free consult inquire further about your specific situation. Since you say you have resolved the "sealed envelope" issue, your only concern seems to be related to the G 325. How badly is it ripped? If it is just torn, it doesn't sound like a major issue. Take the ripped form with her. Accidents do happen. I doubt if there will be fines or penalties. When your wife got the answer on the sealed envelope, did she address the G 325?

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  • How bad is it if I visit South Korea for about 7 days, right before coming to USA for the political asylum case

    I am planning to come to USA and apply for the political asylum. Would be wrong, if on the way to the US, I will visit South Korea for about a week? Is it possible that I will be accused for not applying for the asylum in South Korea, and on this ...

    J.’s Answer

    There should be no problem. You are not required to apply for asylum in South Korea or any other country before you arrive in the U.S.

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  • Could you please give me direct information on the current standings of the Texas government on immigration?

    I myself have looked into the United States Citizenship and Immigration services and the topic of obtaining citizenship documents / citizenship in the U.S and am not quite sure i understand the process. I would greatly appreciate it if you would e...

    J.’s Answer

    Your question is very general. More specific information is needed to provide answers to your specific situation. When you say "immigrant" are you referring to one who entered the country with inspection and has legal status? Do consult with an experienced immigration attorney for assistance.

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  • Is thef by a CIMT for immigration

    i was convicted of theft by check 20-500 in 2008, i have been reading a lot about the immigration law lately since i need to renew my greencard,recently i came across a Florida case (matter of butler-BIA July 26 2013) on which the IJ and BIA affir...

    J.’s Answer

    I agree with my colleagues. The state and the statute will are most important here. I encourage you to consult with an Immigration Attorney before you submit your renewal package. Good luck to you.

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  • I am in tarrant county I was force by my attorney and mediator to sign off on a child visitation and child support agreement how

    Ever the father of my kids owe 34,000 back child support the mediator told me that the judge wouldn't make him.pay that so she drop it 3750 back I felt that was wrong so I told her I disagree but I sign the order cause she force me pressure now I ...

    J.’s Answer

    I agree with my colleague. No one can force you to sign a mediation agreement. Though one may not be completely happy with the agreement, the mediator is "the voice of reason" who, based on experience, your desires and the law, provides guidance on what is reasonable.

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  • Apllying for B1/B2 visa with expired green card

    Hi, My uncle have an expired green card, he wants to come to the US for medical treatment under B1/B2 visa. Will it be a problem to apply in this case? He doesn't remember his social security nor his tax ID so he answered no in his DS-160 Form an...

    J.’s Answer

    I agree with my colleagues. From the information you provided, it should not be a problem as long as he would be entering for the purpose he put on the application with no intent to remain in U.S.

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  • Problem with dept of labor. found out using somebody SSS no. to work. (Labor law. Dept of Homeland security. Immigration law)

    but never reach or caught. They call the phone but failed to answer. then realize that it was from dept of labor hot line (answering machine). The dept of labor filed charge on workplace and paid $15 K fine. That was the supervisor said. Now not ...

    J.’s Answer

    I agree with my colleague. However, I would also advise you to consult with an experienced immigration attorney who might be able to assist you in getting the information you seek.. Good luck to you.

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  • Employer based Green card processing -impact where company divides in 2 section and one is taken over & other remains as company

    I m in comp. A and it has Child B company . currently i m working through B but my payroll, H1 Visa and GC process is under comp A as i used be in A. Comp A is taken over by new comp. so my H1 is being transferred to B.what r my option to keep m...

    J.’s Answer

    I agree with my colleagues. Do consult with your employers immigration attorney.

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