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Daniel Patrick Hanlon

Daniel Hanlon’s Answers

6,792 total


  • Is USCIS considering premium processing for H-1B transfer applications?

    I have a new job and my new employer has sent my H-1B petition to USCIS as regular processing. I am currently working on H-1B Visa. USCIS sent a notice in May saying there are not considering premium processing for extensions.

    Daniel’s Answer

    You can work upon proper filing of the new employer's H-1B petition, so you would generally not need to request premium processing, even if available.

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  • There is a gap on my job. I did not take any w2 between Feb 2013 to Mar 2015. I have EAD and my I-485 is pending. PD is 03/22/04

    I started my H1 with the same employer who filed my I-485. I am with him since 2002 Sep. My Green card was filed on 03/22/2004, my I-140 was approved in Sep 2009. I continued working with same employer until Jan 2013. After that I tried to do my o...

    Daniel’s Answer

    Yes, the gap will affect the I-485, as you must not have been in an unlawful status in excess of 180 days.

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  • Will H1B expiration date extend if changing employer?

    My H1B with current employer will expire next May for 6 years limit, if I can find another employer to sponsor my H1B, will I get another 3 years H1B or the new H1B still expires at next May? Thanks.

    Daniel’s Answer

    You can extend beyond the 6th year limit, but not by merely changing employers. You must consult with an attorney.

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  • Additional $ for J1 visa

    I am looking to pay a UK citizen who is working for another company as part of their J1 visa. They would be doing a few hours of creative writing for me per week. They would be doing the work when they are not at their sponsors job and it comes to...

    Daniel’s Answer

    Without a valid employment authorization document, you cannot pay this person for work.

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  • Can I apply for H4 to F1 change of status even if my H4 visa copy have my wife's old H1 petition number

    I entered US on Jan 6th 2015 on H4 visa. On my H4 visa my wife;s H1 petition number is mentioned. I joined university and wanted to apply for Change of Status from H4 to F1. In the list of required documents USCIS required my wife's H1 copy and my...

    Daniel’s Answer

    USCIS is interested in your wife's current status, not necessarily the status of the petition through which she initially entered the US.

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  • Are the lawyers firms who can get "Labor certificate" through job offers by "job agencies" legal and can peruse EB3 cases?

    I am writing to ask if an immigration firm could get a real job offer from a US company through a job agency, and the job agency has already successful cases of getting labor certificate as well, could the immigration firm pursue my EB3 cases unde...

    Daniel’s Answer

    Job agencies can create numerous problems for workers seeking sponsorship in the US.

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  • H1b to H4 to H1b change.

    Hi, I worked in the USA on H1B from April 2011 till Apr 2013, then travelled back to India. I came back to US in Nov 2013 and again in Nov 2014(after another vacation) with H4 visa stamping. In June 2015, I got my H1B approved with COS through my ...

    Daniel’s Answer

    You should find a new employer to petition you as soon as possible and consult with an attorney as to what to prepare for an extension of status.

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  • My citizen sister petitioned for me, and I plan on getting a tourist visa. Does this mean I have applied for a Green Card?

    For the visa, it asks if I have every applied for a green card. Since my sister recently filed form I-130, do I say yes to that question? Thanks.

    Daniel’s Answer

    No, it means that there is an immigrant visa petition filed on your behalf, which may be used by you to apply for a green card at some indeterminate point in the future.

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  • When I am in TPS status can my wife add me in her GC process in I140 and I797 for EAD.

    I am in F-1 status and my country has been granted TPS. I am planning to apply it. At the same time my wife's company has filed her PERM labor certification. Later, during filing I140 and I797 EAD form , is it possible to add my information while ...

    Daniel’s Answer

    Yes, you should be able to be added and file as a derivative.

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  • If i dont have green card how can i get a loan to study ddm or dds for dentistry? Without bank interest is better

    i am egyption . I have tourism visa

    Daniel’s Answer

    You probably first need a student visa application and then should contact a bank.

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