Skip to main content
Brian David Lerner
Avvo
Pro

Brian Lerner’s Answers

1,183 total


  • What should I answer to "were you inspected by US immigration officer?" Does above description mean inspection?

    I am working on I-485. When I arrived in USA an officer (in airport) who checked my passport asked me a couple of questions and gave me an I94. Does that mean I answer yes, or do they mean some other kind of inspection?

    Brian’s Answer

    Hello:

    One cannot tell you what to write for the answer. However, based on your question, you were insptected by the immigration office at the point of entry.

    See question 
  • In filing I-539 to extend status, do I need to pay double the fee because I am extending my baby's stay too?

    I am going to file I-539 to extend the stay and status of myself and my baby. Do I need to pay $290 twice for this?

    Brian’s Answer

    Hello:

    You must file two separate petitions in order to get status changed on both.

    See question 
  • If i open Separate bank account this can affect me ? we have one join account and i never open one separate under my name only

    hi every one, my wife she is us citizen and we have been marry for 3 years already, and im going to apply for citizenship soon. i already remove condition.

    Brian’s Answer

    Hello:

    Assuming you have the unconditional Green Card, that should not be a problem at this point.

    See question 
  • Can I get a J-1 visa waiver through a no objection statement instead of a US Government agency?

    I am a Fulbright Scholar subject to the 2-year J-Visa residency requirement. Can I request the waiver through a "No Objection Statement" from my home country? Or do I have to get it from a US Government agency?

    Brian’s Answer

    Hello:

    That is always possible, but not easy.

    See question 
  • May I file both EB1A and EB1B at the same time?

    My company agreed to file an EB1B for me. However, my F1 opt will expire soon. I plan to hire an external lawyer to file EB1A for me, who may be faster than company lawyers. May I know if I can file both at the same time? Thanks.

    Brian’s Answer

    Hello:

    Yes, you can file both at the same time. Assuming they do not conflict it would work. Normally, people will not qualify for both. Keep in mind processing times. You might also want to file the E-2 if you are from a treaty country.

    See question 
  • Can a new employer file a change of status based on approved I797B application?

    I work with Company A at a client location (Company B). I am currently on my OPT that is valid until Dec 2016. Company A filed my H1B this year (April 2015), but they chose to file it as consular processing in order to use my existing OPT period. ...

    Brian’s Answer

    Hello:

    No. The H-1B is valid for the employer whom submitted the petition on your behalf, not any employer you decide you want to use.

    See question 
  • Asylum clock stopped (Because I changed my address) Need SSN

    I've made a mistake and changed my address, as a result, my asylum clock stopped to the next hiring (I know it will take forever). I want to go to the college, but they require SSN as a student identification, what should I do in my case? Is there...

    Brian’s Answer

    Hello:

    There are issues as to when the clock stops and how the 150 days are calculated. You should get an attorneys help to determine when you can apply for the work permit in order to get the SSN.

    See question 
  • By when should a company file LC/PERM for GC so that I don't have to leave country even when my H1B expires during processing?

    I am currently in H-1B visa on the fourth year. I have a little less than 2 years left. My company has decided not to sponsor for Green Card and slowly laying off people. If I join a new company to sponsor, how soon will they have to file LC (P...

    Brian’s Answer

    Hello:

    If the PERM is pending for more than 1 year at the time you have maxed out your H-1B, you can get yearly extensions.

    See question 
  • Can I use the existing H4 visa stamping in my passport which has PED 12/10/2015 or do I need to go for stamping again?

    I entered US on H4 visa with COS I am on H1B visa currently and working for an employer. Now I want to travel to home country and come back on H4. I want to clarification that If my H4 visa is voided by H1 COS

    Brian’s Answer

    You are no longer on H-4 status. Once you leave the U.S. you must get the H-1B visa at the Consulate to return.

    See question 
  • If COS denied -what will happen to current I-94 sent with COS -can I be out-of-status & asked to travel outside US in any case

    - I'm currently on H4 and studying full-time for Masters. (H4 valid till Sep 2017, no visa stamp for H4 as I had changed status to H4 within US) - My course ends in March 2016. - I'm planning to file COS from H4 to F1 very soon so I can avail OP...

    Brian’s Answer

    Hello:

    If you are studying full-time on the H-4 you are violating your status. If the COS is denied, then your status will have been violated from the moment you started going to school.

    See question