Skip to main content
Daniel Patrick Hanlon

Daniel Hanlon’s Answers

6,767 total


  • My i 485 under 245(I) eligibilty was denied cause my original i 140 filed by a different company

    was denied. But i refiled with a different company and got approved i 140 and filed i 485. But the director claims i cannot be grandfathered even though i have an approved labor before the deadline april 30 2001. Now case has been pending at AAO o...

    Daniel’s Answer

    • Selected as best answer

    Any immigrant visa petition or labor certification that was approvable when properly filed prior to the deadline can grandfather a person for Section 245(i) eligibility.

    See question 
  • Change from consular processing to Adjustment of Status for Parents Green Card

    I filed i-130 for my parents with consular processing which is still in its early stage applied in April 2015. Meanwhile my parents had to come to USA for attending a family function in june. With all the processing timelines experience it is expe...

    Daniel’s Answer

    This could create a big problem with preconceived intent to immigrate, which is tantamount to fraud.

    See question 
  • Hi, my OPT (masters) of one year expires next month so can I apply for EAD through TPS and can be legally on status? thank you.

    I cannot extend my opt since it is not under STEM and it expires next month. So am I eligible to apply for ead card through tps. If I get EAD card through TPS, do I have to go to school again to maintain my F1 status or I can just work and mainta...

    Daniel’s Answer

    This depends on whether you are from a country that has been designated for TPS.

    See question 
  • H1B profit and Non Profit

    Hi I am doing my MBA in profit business school. Can you please tell me what kinds problem I can face in order to get approve for H1B status. What are the main different between between profit and non profit certificate for filin...

    Daniel’s Answer

    The question is whether the school is an accredited educational institution, no so much whether it is a for-profit school.

    See question 
  • How long can a Permanent Resident stay out of the US without the reentry permit?

    Will there be any potential issues at port of entry while returning if a PR stays out of US for over six months but less than one year and without reentry permit.

    Daniel’s Answer

    This depends on how frequently and for what duration this person has traveled outside the US in the past. "Abandonment" is based on a totality of circumstances.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question