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Carl Michael Shusterman
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Carl Shusterman’s Answers

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  • Does anyone have any suggestions for what is the best requirement that should be submitted to qualify for EB2?

    My firm ( a financial services bank) wants to initiate my GC process. I was hired more than 1.5 years ago as a Business Analyst in technology and have worked across operations, risk and compliance divisions. I have a masters degree in financial en...

    Carl’s Answer

    If your job requires a masters degree or a bachelor's degree and 5 years experience, it is in the EB-2 category. If not, it is in the EB-3 category. Please see below:

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  • Why the immigration interview is later for political asylum in NJ?

    hai, i applied for political asylum in 2015 may. but still i didn't get call or letter from immigration court to face my first interview. i talked my lawyer he said he also didn't no when they will call for interview. i applied in NJ. why they a...

    Carl’s Answer

    It takes 2-3 years to get an asylum interview. Please see below:

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  • 17 MONTH OPT Stem extension

    Hi, I just started my Job back in December 2015. I have my OPT approved for 1 year. I am hearing that the 17month OPT step extension will be revoked and cancelled. Is this true? If so, can you point me to the right USCIS page? Also, if this i...

    Carl’s Answer

    The 17-month STEM OPT was recently extended. I expect that by this Spring, the 17-month period will be lengthened to 24 months.

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  • Hi I have a valid TN until 2018 and my I-140 was approved a few days ago . Will I have trouble crossing back by land to the USA

    Hi I have a valid TN until 2018 and my I-140 was approved a few days ago . Will I have trouble crossing back by land to the USA . I DID NOT file adjustment of status yet.

    Carl’s Answer

    Yes, in order to be admitted in TN status, you must demonstrate that you have no intention of remaining permanently in the US. Obviously, you do intend to permanently remain in the US so your best option is not to travel outside the US at this time.

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  • If I go back to my country and stay there for one year before I complete my 7 years (lets say 1 month remaining), then can I com

    Before I could complete my 6 years stay on H1B (about 20 days remaining) I have got my L1A approved. I have got L1A (i94) till March'18. My current L1A expiry date stamped on Passport is Mar'2020. I will be completing my 7 years of total stay in M...

    Carl’s Answer

    If you stay abroad for one year, your H/L clock restarts.

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  • One million or 500,000 for EB-5?

    Dear experts, I intend to set up a new company in US and become the sole owner and file EB-5, since my current company won’t file I-140 for me as L-1. I intend to conduct international trade and/or construction development and/or franchise rest...

    Carl’s Answer

    The general rules are these:

    You must have invested — or are actively in the process of investing — in a new commercial enterprise:
    at least $1,000,000, or at least $500,000 where the investment is being made in a “targeted employment area,” which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB.

    However, I suggest that you not try to solve this online. Schedule a legal consultation with an attorney who specializes in EB-5 cases.

    Please see below:

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  • If my criminal record is expunged, do I have to tell employer's attorney who ask if I have a record?

    I am currently on my H-1B and was recently offered another job. I am transferring my H-1B and the company's attorney send me a questionnaire which had the below question, "For the purposes of complying with USCIS regulations, have you ever, in or...

    Carl’s Answer

    If your employer's attorney is going to apply for immigration benefits for you, the answer is yes. If not, the answer is no.

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  • If I try to renew my green card with 3 felonies on my record, will I automatically be sent to ICE? Do waivers help in my case?

    I need to renew my green card but I have a criminal record (3 separate felonies, 1 of which resulted in a 365 day jail sentence). I know that once I apply for a renewal, or for citizenship, then ICE will soon know about me and probably try to depo...

    Carl’s Answer

    It is probably that you will first be placed under removal proceedings. Only then will you have the opportunity to seek a waiver if you are qualified to do so. Please see below:

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  • I live in CA. After long waiting, All my cases has been transferred from NSC to Missouri office. Why? what does it mean?

    I filed I-730 for my husband in Jan 2015, and Filed I-485 for me and my 3 kids in April 2015 (based on granted asylum). Yesterday and after long waiting NSC transferred all my 5 cases together to Lee's Summit MO. I live in Los Angeles. Does this m...

    Carl’s Answer

    Yes, it is probable that the transfer was based strictly on workload considerations.

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  • What does Sponsor Views (Unacceptable) mean?

    I have applied for a waiver of the two-year home country residency requirement based on No Objection Statement. My program was sponsored by the U.S. State Department. Recently, the DOS added a record which says Sponsor Views (Unacceptable). What d...

    Carl’s Answer

    I have no seen such a response in a J waiver case. However, the "sponsor" in your case seems to be the DOS. Show the paperwork to an attorney who does a lot of J waivers.

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