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Jared Chiyuen Leung

Jared Leung’s Answers

47 total


  • Was in US for 10 months on H1B until sept 2008, H1b was valid till oct 2009. currently on L1A can i file for H1B cap-exempt now.

    Previously had H1B approved subject to cap in july 2006. I had stayed in USA on H1B visa for 10 months until sept 2008, then a H1B extension was filed and got approved until oct 2009. Now i am currently residing in USA on L1A visa since march 2014...

    Jared’s Answer

    Without knowing more and reviewing your documents, I cannot be 100% sure. But based on what you mentioned, you were counted against the cap in 2006, which was more than 6 years ago. Your absence from you the US reset your 6-year H1B time. As such, you are subject to the cap, unless you work for a cap exempt employer.

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  • Medical Marijuana Card for F-1 visa holders

    Is there a way for a F-1 visa holder in the U.S to obtain a Medical Marijuana card in a state where MM is legal?

    Jared’s Answer

    Agreed with answer provided and add again "Don't do it".

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  • Daca questions?

    What document would they ask in checkpoint??? if I go to nogalez az to pick up my father he has a visa I have the daca and my az license??? I need answer asap

    Jared’s Answer

    Absolutely agreed with the other attorneys. Just want to say again that (1) do not cross the border and (2) do not even hint that you are a US citizen, and (3) be upfront about your DACA status and be sure to have your work permit, DACA approval notice with you. Your father should have all paperwork in order and have a clear purpose of the trip and depature date.

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  • Can my old employer file PERM and I-140 for me, while I am studying Full time MBA on F1 visa ?

    I am doing MBA on F1 visa and I was on H1B visa prior to that. My prior employer is willing to file Labor Cert and I-140 for me while I am studying on my F1 visa. Will it jeopardize my chances on going back on H1B visa after graduation fr...

    Jared’s Answer

    The short answer is no. Having a PERM and I-140 will not jeopardize your chances of getting H1B in the future. However, there are a few other things to consider as well, such as: How much time you have left on H1B; is there an "non-immigrant" intent problem that you will need to deal with, given you are on F1 status; is it better to wait so that you could use the MBA degree for the PERM. If speed is the only concern, filing the PERM and I-140 would seem to make sense. However, I suggest you speak with an immigration lawyer to evaluate the case thoroughly to decide which course of action is best for you. Take care.

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  • About H1b Petition and withdrawn/cancellation procedures?

    Once an H1b petition is filed, can it be withdrawn before processing ? Till what point of time is it allowed to cancel/withdrawn the petition. If so, the fee is returned back ?

    Jared’s Answer

    You may withdraw the case by submitting a simple letter. I'd like to attach a copy of the receipt notice too. Most of the time, you will get a letter from USCIS in about a month confirming that the case has been withdrawn. Unfortunately, the filing fees will not be refunded.

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  • H1B Denied After RFE Response

    I got my H1B transfer denied today and got below case status.. "On December 8, 2014, we denied your Form I129, PETITION FOR A NONIMMIGRANT WORKER, Receipt Number WACXXXXXXX. We mailed you a decision notice that explains why we denied your case...

    Jared’s Answer

    Sorry to hear that your H1B has been denied. Based on the email message, I cannot tell if the case was denied or only the "extension of status" was denied. If the case was approved but "extension of status" was denied, your option was simple - you would have to leave the US and apply for an H1B visa and reenter the US. However, you should consult with an attorney on your risk of leaving the US and whether any serious consequences that would be triggered for doing it. The reasons for the denial of "extension" is important too. But generally, that would be easier to fix. However, if both of the H1B and "extension of status" were denied, that's a lot complicated and beyond the scope of this online forum, and I recommend you consult with an immigration attorney for that. Good luck. Jared

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  • What questions does immigration ask for EB5 investors, can someone give help on this matter?

    EB5 Investor Immigration Interview Questions

    Jared’s Answer

    I assumed that you are referring to the interview at the US embassy/consulate. Let’s start with the basics: Tell me about this investment. What is your role in the project? What is your source of funds for this investment. The answers to these “basic” questions really depend on the nature of the investment and your personal background. Great care should be given to prepare for them. Good luck.

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  • Sponsor a USA visitor VISA.

    Hi, Currently I am in USA. My L1B VISA is expired but I have Valid I-94 till Sep 2015. And I am working with same company who filled my L1B, so legally I am able to stay in USA till Sep 2015. But My question is, Can I...

    Jared’s Answer

    It seems to me that your L1B status is valid. The expiration of your L1B "visa" does not change that because the "visa" is used only for entry into the US and your "I-94" is what evidences your valid status.
    Whether you can sponsor your relative for a visitor visa is a separate question. Technically, you cannot "sponsor" your relative's application. Unlike your L1B that had a "sponsor", i.e. your employer, your relative's application is really his /her own application. You may write a simple family invitation letter and provide financial support. But at the end of the day, the visa officer must be convinced that your relative will return to his/her home country after his/her short visit in the US. Your relative should be ready to provide answers to basic questions such as purpose of the US visit, length of stay, etc. Good luck.

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  • Immigration reform for sister of US citizen

    Does yesterday's immigration action offer any pathways for siblings of US citizens? Can we expect the processing time to be reduced and more visas available?

    Jared’s Answer

    Unfortunately, USC siblings were not addressed in the annoucement. However, check if she is eligible through the expanded DACA or other means. Also, the USC siblings category is on the chopping block in the proposed Senate Bill. So, I hate to say it but it is not a category that is getting any special treatment at this point, and I am not anticipating that it will speed up in processing time either.

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  • Starting a business in H-1B . And not working for that company

    I am currently in H-1B visa. I have startup idea. I would like to outsource my idea to india for execution. Can I create an LLC in arizona and outsource all the operations (development and sales) to a company in india. I will continu...

    Jared’s Answer

    Agreed with answer above. Even you may not consider you are working, it will be difficult to say that you are not at least running the business. And when the business make money, how will you report the income? You will be filing corporate and tax documents as well, so there will be paper trails. Tricky situation. Good luck.

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