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Brian David Lerner

Brian Lerner’s Answers

1,076 total


  • 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.

    See question 
  • 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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  • Form N-652 was provided after citizenship interview (N-400) is done ....

    Hi, at that interview I just needed to update my new address, I have also provided a copy of filled out AR-11. At the end Form N-652 contains two options are checked. [1 You passed the tests of English and U.S history and government. A. Congratula...

    Brian’s Answer

    Hello:

    This question is identical to the one just answered. However, they do have 120 days to adjudicate upon which other remedies become available to you.

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  • N-400 Application interview ...

    Hi, at that interview I just needed to update my new address, I have also provided a copy of filled out AR-11. At the end Form N-652 contains two options are checked. [1 You passed the tests of English and U.S history and government. A. Congratula...

    Brian’s Answer

    Hello:

    It is not final until you raise your hand and get your Certificate of Naturalization. Hopefully, nothing has changed since the interview (i.e. some criminal act, etc.)

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  • J1 visa--applying for second j1, or other suitable visa for me?

    I am Australian, currently working as an Assistant Manager for a fast food chain, and holding a 12 month j1 work/travel visa. I graduated June '14 and hold a Bachelor's Degree in International Business. I arrived here on August 26 2014 and my vis...

    Brian’s Answer

    Hello:

    You could invest in your own business and get an E-2.

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  • Sent I 765 to uscis with error in question 11 date column

    i have sent my I-765 for opt extension on June 24th, but recently i found i have small error in my application,in question 11 date column instead of using 2014 i put 2015, what are my options now do i have to send a new package or call the custome...

    Brian’s Answer

    Hello:

    Good luck trying to get customer care to change an item on the application. Once you get the receipt notice, send in an amendment to the question.

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  • How long can I stay in US while I am waiting for my B-2 visa decision

    I came to US on H1B Visa July 2013 then I changed my job and I got new H1B on Oct 2014. I was informed that I will be layed off so before they revoked my H1B I applied for change of status to B2 in Nov 2014. My last H1b visa was revoked o...

    Brian’s Answer

    Hello:

    Technically once you apply for a change of status or an extension, there is a 120 days given for the adjudication.

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  • If I overstayed my B1/B2 visa and have TPS now. Can I apply for green card through my spouse who only has permanent residency?

    can my employer sponsor my H1B?

    Brian’s Answer

    Hello:

    Certainly the I-130 can be done. However, you will have to wait until the visa number to becomes current in order to apply for adjustment or consulate processing. There is an issue in different jurisdictions whether you can apply for adjustment (after you become a USC) for your wife.

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  • Are individuals on B-1 visa arrived to United States after TPS designated date eligible to apply for TPS?

    Do I meet the physically presence or continuous residence requirements?

    Brian’s Answer

    Hello:

    You would have to look at the particular TPS regulations which list when the dates of eligibility occur.

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  • How much does it take for a case to transfer from one country to another?

    I requested my case transfer 3 weeks ago from eygpt to Djibouti until now it hasn't arrived can I know how much will it stay exactly to arrive ?

    Brian’s Answer

    Hello:

    Three weeks is nothing for immigration. However, you can always contact the U.S. Consulate in Egypt to determine if and when it might be transferred.

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