Darren Bruce Silver's Answers

Darren Bruce Silver
Los Angeles Immigration Attorney.
Contributor Level 7

1

Attorney answers:

  1. Darren Bruce Silver

Re: H1B for nurses

Asked by a user in California - about 3 years ago.

As a Nurse you may qualify to be exempt from the H1b Lottery. Many Sponsoring Hospitals are non profits, affiliated with Universities and thus making them Exempt from the H1b quota!

1 person marked this answer as helpful

1

Attorney answers:

  1. Darren Bruce Silver

H-1B Transfer to an LLC started by my Sister

Asked by a user in Fremont, CA - about 3 years ago.

No you cannot. The Immigration Service via the Dept of Labor will not allow you to have a close family member sponsor you for a Green Card via labor certification. This relationship will create an issue of proving that you allowed adequate availability to U.S workers who must be allowed opportunity to apply for the available job.

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Attorney answers:

  1. Darren Bruce Silver

Illegal Imigration

Asked by a user in Clearfield, UT - about 3 years ago.

You can apply for a work permit along wiht your Adjustment application. Howevr, if you entered the U.S Illegaly, you are ineligible ot file adjustment (and work permit). Unless your petion was filed prior to April 2001, then you may be grandfathered under a law that does allow adjustment.

1 person marked this answer as helpful

5

Attorney answers:

  1. Kevin Lawrence Dixler
  2. Thuong-Tri Nguyen
  3. Scott D. Pollock
  4. Darren Bruce Silver

Immigration - N400 Naturalization question

Asked by a user in Boston, MA - over 2 years ago.

All marriages must be included on the N-400.

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Attorney answers:

  1. Darren Bruce Silver

Resign on L1B Visa?

Asked by a user in Denver, CO - almost 3 years ago.

The process on how to resign is going to be specific to your company. From an immigration view, once you are no longer an employee of the company you will then be no longer in your L-1B status. It would be best to leave the U.S prior to resigning if it is possible.

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Attorney answers:

  1. Darren Bruce Silver

Can i sponsor someone else if i have already sponsored somone?

Asked by a user in Columbiana, AL - almost 3 years ago.

Yes, Absolutely. As long as you have an available position for the applicant and you can show that your business can support the additional salary you will be able to apply. Keep in mind, depending on the employment based category, you will likely need to obtain approval from the Dept. of Labor prior to applying with USCIS.

2

Attorney answers:

  1. Darren Bruce Silver
  2. Elaine Martin

Can you marry a U.S. citizen when you are in the U.S. legally with an I-20 but have an expired visa?

Asked by a user in Philadelphia, PA - about 3 years ago.

Yes. Once you are married, you can file an applicaiton for your husband's Green Card AND work permit concurrently. The fact that he has fallen out of status will NOT bar his eligibility to receive either of these two benefits.

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