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Daniel Patrick Hanlon

Daniel Hanlon’s Answers

6,836 total


  • Im overstay here and my spouse plan to apply for h1b visa

    im overstay here and former h4 visa then my spouse go back to my country and stay for three years out the usa, now she is planning to apply h1b again , is h1b visa affect her interview because im overstay here, but she go back to our country befor...

    Daniel’s Answer

    Yes, she could expect to be asked questions as to your whereabouts and status at the interview.

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  • Hi, this is my question if my conditional resident is going to expired by March/10/2016

    What date do u think is best for me to send removal of conditional respondent

    Daniel’s Answer

    If you are filing a joint petition, you can file any time between December 20, 2015 and March 10, 2016.

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  • Can my employer file a /PERM petition /PERM Add posting/ or Any other GC PERM stage / while Im outside United States.

    I'm employer has initiated my GC but i have to travel outside the country for sometime due to personal reasons .Can my employer do the Add positing or any other PERM related work while I'm outside the country,

    Daniel’s Answer

    • Selected as best answer

    Yes, whether you are present in the US is irrelevant to the recruitment for the position.

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  • What is my chance of getting NIW?

    I am a PhD in Mechanical Engineering at UIUC with 9 published papers and a patent. I have 5 citations (3 self and 2 independent).

    Daniel’s Answer

    It is very possible, but you would need to consult with an attorney to discuss the specifics of your work and requirements for the EB-2/NIW.

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  • Is there any drawback to apply TPS(I-821) in H1B status? I am not planning to apply EAD(I-765) though.

    I am in H1 and my wife is in H4 VISA and we are from TPS designated country. My employer is filing green card for me and my wife after 2,3 years. My wife is planning to enroll school from spring 2016. Now, I am planning to apply TPS(I-821) and EA...

    Daniel’s Answer

    Generally, applying for TPS might not affect your green card application later, it may be redundant with your H-1B status. Consult with an attorney.

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  • I have U visa and working my boyfriend's F1 visa expired a year ago and we had 2 kids together, can i apply for him as a depen

    i have U visa and working, my boyfriend's F1 visa expired a year ago and we had 2 kids together, can i apply for him as a dependent visa.

    Daniel’s Answer

    Yes, U visa derivative status may be accorded to a spouse and children. Consult with an attorney.

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  • Can an F1 visa holder get work permit before graduation?

    I'm a student and I have finished 2 out of 4 years of my study and I want to work off campus if that is possible.

    Daniel’s Answer

    You must discuss this with the DSO at your school.

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  • Does an admission withdrawal at POE because of working w/o authorization cause immigrant visa put on administrative processing?

    I withdrew my application of admission two years ago because working without authorization. Now my wife (USC) petitioned for me and the interview is soon. I had two visas before and both of them took 3 weeks administrative processing to be issued...

    Daniel’s Answer

    Withdrawal of an application for admission, itself, does not cause an automatic bar to readmission.

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  • What are my available options to stay in USA

    Hi, My L1 visa is expiring end of august. An extension application is being filed from my current employer & hoping we would get an extension. Also, I got H1B approval this year from new employer which will be effective from October 2015. Now, my ...

    Daniel’s Answer

    You will be technically out of status if your L-1 employment is terminated two months before your H-1B I-94 is active.

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  • Can H1B be transferred before I-797 is received?

    I worked for Company A on F1 OPT and got my H1B filed in February. I got a case number in early April. I parted ways with Company A in July and got an offer in Company B. My F1 OPT is valid through August 2016. 1. In this situation, what are ...

    Daniel’s Answer

    The new company could employ you pursuant to your OPT and may be able to avail of the H-1B visa number from the previous company, but it could be lost if it is withdrawn and/or revoked. Consult with an attorney to discuss your options.

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