Brian David Lerner’s Answers

Brian David Lerner

Long Beach Immigration Attorney.

Contributor Level 18
  1. Is there a difference between 'lawful immigration status' and just 'lawful status' ?

    Answered 6 months ago.

    1. Brian David Lerner
    2. Carl Michael Shusterman
    3. Rebecca Ixchel Pathak
    4. Saloumeh Amirghahari
    4 lawyer answers

    Hello: You are out of status. Perhaps there is a possibility to try to appeal depending why they denied it. Regards, Brian D. Lerner Attorney at Law Certified Specialist in Immigration and Nationality Law

    4 lawyers agreed with this answer

  2. I am on a E2 visa but want to leave my husband and still be able to stay and work in the US. I also have a work permit.

    Answered 7 months ago.

    1. Brian David Lerner
    2. Giacomo Jacques Behar
    3. Deborah Lynne Karapetian
    4. Elizabeth Clare Surin
    5. James D. Mills
    5 lawyer answers

    Hello: If you divorce your husband, you are no longer a derivative. You should apply for your own E-2 if you can. Regards, Brian D. Lerner Attorney at Law Certified Specialist in Immigration and Nationality Law www.californiaimmigration.us blerner@californiaimmigration.us Offices in Los Angeles, Long Beach and the Philippines

    4 lawyers agreed with this answer

  3. Can I file a petition for my Husband whilst living and working outside of the US?

    Answered over 1 year ago.

    1. J Charles Ferrari
    2. Brian David Lerner
    3. Alexander Joseph Segal
    4. Stephen D. Berman
    4 lawyer answers

    Hello: Some countries allow you to actually file the I-130 in the country you are a resident in order to speed the process up. As for the affidavit of support, you must have domicile in the U.S or get a joint affiant.

    4 lawyers agreed with this answer

  4. F1 cap gap extension

    Answered over 1 year ago.

    1. Brian David Lerner
    2. J Charles Ferrari
    3. J. Thomas Smith Ph.D.
    3 lawyer answers

    The cap-gap is made for this exact reason when the classes end, but the H-1B does not start until subsequent to that time.

    4 lawyers agreed with this answer

  5. My i-485 got denied. Can I refile now ?

    Answered over 1 year ago.

    1. Giacomo Jacques Behar
    2. Brian David Lerner
    3. Alexander Joseph Segal
    4. Kara Lien Roberts
    5. J. Thomas Smith Ph.D.
    5 lawyer answers

    If your still married, but your marriage is no longer viable and your spouse will not be at the interview or help you, you cannot. Was there any abuse?

    4 lawyers agreed with this answer

  6. My previous employer gave the H1 receipt number and not gave receipt notice. Is there a way to get receipt notice ?

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Giacomo Jacques Behar
    3. Brian David Lerner
    4. F. J. Capriotti III
    4 lawyer answers

    Hello: Assuming that the employer had an attorney do the H-1B, it is likely that the lawyer also represented you to some degree. Thus, you should be able to request it from the lawyer. Of course, you also have your I-94 with the H-1B to show you are on H-1B status. Regards, Brian D. Lerner Attorney at Law

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. 1) CAN MY HUSBAND FILL IN ZERO AS HIS CURRENT INDIVIDUAL ANNUAL INCOME? (2) CAN HE SUBMIT ONLY PHOTOCOPIED TAX RETURN?

    Answered over 1 year ago.

    1. Neil F. Lewis
    2. Brian David Lerner
    3. Christian K. Lassen II
    3 lawyer answers

    Hello: He needs to put what his actual income was and he needs to attach copies of his tax returns.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. L1 to H1 to L1?

    Answered over 1 year ago.

    1. Brian David Lerner
    2. F. J. Capriotti III
    3. Alena Shautsova
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    Your question is ambiguous. If you are working on L-1, how did you get the H-1? Is it with the same or different employers. If you got the H-1, did you inform immigration you were already on L-1? Is your H-1 full or part-time?

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I am new physician resident and wanna get J1 even I am on TPS to be at the safe( TPS expired on Sept 2013):

    Answered almost 2 years ago.

    1. Carl Michael Shusterman
    2. Alexander Joseph Segal
    3. Brian David Lerner
    4. Richard Scott Roth-Sterger
    5. Brian Christopher Schmitt
    5 lawyer answers

    That will depend upon if you are on valid B1 or not. If so, you would change from B1 to J1.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Does this affect green card travel? Immigration. Green card. Naturalization.

    Answered almost 2 years ago.

    1. Philip Alan Eichorn
    2. Alexander Joseph Segal
    3. Brian David Lerner
    3 lawyer answers

    Even though the charges were dismissed, was this through a diversion agreement? Did you plea guilty?

    5 lawyers agreed with this answer

    1 person marked this answer as helpful