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Brian David Lerner

Brian Lerner’s Answers

1,084 total


  • SWITCH J1

    Dear all, I'm an italian boy of 26 yo. I worked for 5 years for an italian transport company and now I'm working for an american transport company with a J1 visa. My Visa will expire next June 2016 but my boss and I are trying to figure out ho...

    Brian’s Answer

    Hello:

    There is no 'forever' visa. First, you need to determine if you are subject to the 2 year foreign residency requirement. You should ask your boss to sponsor you for the PERM.

    See question 
  • How long does it usually take to obtain a labor PERM for an occupational therapist?

    On my 2nd H1B visa, hoping to obtain a greencard through employment

    Brian’s Answer

    Hello:

    It will depend on various factors. Additionally, after the PERM is the I-140 petition and then adjustment or consulate processing when the visa becomes current.

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  • F2A, F1 and TPS ?

    My wife is currently in F1 status. I have filed for her greencard through F2A(Spouse of a permanent resident) , priority date is Jan 2015. My country recently got granted temporary protected status by USCIS. Questions- 1. If she lets go of her...

    Brian’s Answer

    Hello:

    She should not go out of status. However, if you could become a US Citizen, the issue would be much easier as she could show legal entry to the U.S. and adjust (assuming no other inadmissibility issues.)

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  • EB2

    I got my H1B with Bachelor's degree (graduated 2012).I have 2 years of experience from another country in a similar role plus 3 years entry level experience in the same field. Besides that I have 2 years experience in USA after I graduated. This...

    Brian’s Answer

    Hello:

    It is possible if you can show the equivalent of a Masters Degree through progressively more complicated work.

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  • What are my options? Or what can happened to me? (Immigration)

    I'm married for 2 1/2 years and got my green card through my wife based of marriage and adjument of status however things started to south and tried to work things out between us, however later then I found out she was with someone else and seeing...

    Brian’s Answer

    Hello:

    You can file the I-751 with a divorce waiver.

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  • I'm an illegal immigrant. My passport was stolen. Will I be deported if I try to get a police report?

    I'm stranded without my only form of I.D.. Will I be in danger of deportation if I go to the police station for a police report?

    Brian’s Answer

    Hello:

    You can report the crime. You should also go to the Consulate of your country to get another passport. Rather than fearing deportation, you should get a consultation on what options you might have for your legalizing your status.

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  • Can the 20,000 H1-B Master’s Cap be availed even after several years of graduation ?

    A candidate graduated from a STEM program 4 years ago. The candidate went back to his/her home country and worked for few years. Now, that candidate has a job offer from a US based company which is going to sponser his/her H1-B visa. Will the cand...

    Brian’s Answer

    Hello:

    They will have to wait until next years allotment.

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  • Asylum interview decision

    My asylum interview was done in June 2014 and I was told I could get decision after 15 days but when I went after 15 days they said they will mail my decision it's been a year now i contact Them they send me latter explain we are doing background ...

    Brian’s Answer

    Hello:

    You should not travel. As for the decision, it is far too long. You should do a formal inquiry. If nothing, then a possible Writ of Mandate if your case is strong.

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  • Travel on h1b approved 1month ago

    Just got my h1b extn approval 2 weeks ago valid until 2017. How long can i travel outside USA? Can i stay 8-9 months outside usa on h1b and reenter usa with same employer? May be use it as a vacation or something? Will i have any prob dor reenteri...

    Brian’s Answer

    Hello:

    Why would you be gone for that long if you just got the H-1B approved? There might be questions as to the validity of the petition.

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  • Do I need an immigration or family lawyer?

    Hello, My name is Kelsey and I am 17 years old. I've been searching for answers, I don't know what to do. I'm graduating from high school next year and then college starts.. There's a problem though. I have two seperate birth certificates. A U.S ...

    Brian’s Answer

    Hello:

    Immigration might think the U.S. birth certificate is fraudulent. You need to obtain facts where you were actually born. If in the U.S., why would you have the Mexican birth certificate?

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