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Brian David Lerner

Brian Lerner’s Answers

1,084 total


  • What's the next step to take to become a legal resident?

    I currently have a works permit i-765, but i would like something that I wouldn't have to renew every two years. Can I apply to be a legal resident?

    Brian’s Answer

    Hello:

    I'm assuming your on DACA. Much more information is needed to determine what else you might qualify for at this time. You should seek a consultation.

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  • What stages my filing process is at?

    The us visa Center sent me a email asking for supporting documents like marriage certificate, affidavit statement and fees to pay etc.

    Brian’s Answer

    Hello:

    Assuming you are speaking of Consulate Processing and you do not need a Waiver, once you send the information requested, it will be transferred to the U.S. Embassy of your home country.

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  • Is it possible to change status from L1B to J1 visa; by keeping the job ?

    Hi, I'm currently on L1B visa and want to pursue a part-time graduate course. Is it possible to switch to J1 Visa still maintaining my employment; if both my company & university are in agreement of it ?

    Brian’s Answer

    Hello:

    That is unlikely. You will need to get either a J-1 or F-1 and cease working at the L-1 company. Just because they may be in agreement with the University will not alter the immigration laws.

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  • Would I get in trouble if i am working with my expired works permit?

    I already got approved but haven't got my new card. I also already had my Bio-metrics appointment.

    Brian’s Answer

    Hello:

    It is unclear what has happened here. If your work permit expired, you do not have authorization to work. When you say you already got approved, it is unclear as to what exactly you were approved for under immigration law.

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  • Do I Need Waiver although US Consulate did not ask me to get Waiver

    Hi. I have different situation. My son filed I130 on my behalf. He is US Citizen and the USCIS and NVC processes are complete. I was interviewed 4 years ago and US Consulate asked me to get Ground of Inadmissibility Waiver, which I applied...

    Brian’s Answer

    Hello;

    It is not possible to say yes or no here. One needs to have the reason upon which you are inadmissible and then determine whether a waiver is needed or not.

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  • Decided not to work from home any more, can I cancel the LCA with my home address, and just keep working at office?

    I work for a start up. My employer filed H1b for me. It has been indicated in the petition that I will be working at 2 locations. One is my office location and the other is my home address, as I work from home one or twice a week. Now, I am plann...

    Brian’s Answer

    Hello:

    You should file the amendment.

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  • I have a visa J1, after the end of my internship I should have an additional 30-day Travel Grace Period

    But my insurance ends up 4 days after my intership,so my sponsor said that I have to leave when my insurance ends up, and that was not possible to extend the insurance. Is that true? I don't understand why I shouldn't stay just because of my insur...

    Brian’s Answer

    Hello:

    It is the regulations per Immigration Law that controls when you leave, not expiration of insurance.I am

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  • NEED HELP: H1B RFE response - JOB description matching with filed category on LCA

    I am currently in RFE period of my H1B with my employer. The attorney they hired to work on my case was not really taking responsibility on my case which caused the RFE.​ My current position is :International Marketing Coordinator: Lawyer...

    Brian’s Answer

    Hello:

    It is not possible to tell you what the duties should be without reviewing the company, the position, your experience and other factors.

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  • Hi All

    I was recently being granted Asylum ,and i do have my wife here in USA i was not able to add her to my Asylum case ,cause she was not in USA Physically in the time i was filing and interviewing Asylum Case ,and now i am preparing form i -730 for h...

    Brian’s Answer

    Hello:

    She can be petitioned and come into the U.S. as a derivative asylee. Afterwards, she can apply for adjustment once here in the U.S.

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  • Can I travel to India and come back if h1b amendment is in process. I have receipt notice , and visa valid till 2016

    My h1b amendment due to location change is pending with uscis, I have valid visa till August 2016, due to personal reasons I havE come to India, can I travel back to US , I have new Lca with me. Will there be any issue at port of entry, and if the...

    Brian’s Answer

    Hello:

    Assuming your H-1B is still valid and you are complying with the terms, it should be OK. However, given that, it is unclear exactly what is being amended and whether you are complying with all current terms of the H-1B.

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