Robert K D'Andrea’s Answers

Robert K D'Andrea

Glendora Immigration Attorney.

Contributor Level 10
  1. How long can an LPR stay outside of the United States without loosing his residency status??

    Answered about 2 years ago.

    1. Javier E Morales
    2. Kyndra L. Mulder
    3. F. J. Capriotti III
    4. Susan A. Glover
    5. Robert K D'Andrea
    5 lawyer answers

    A re-entry permit allows an immigrant to stay out of the U.S. for 2 years maximum.

    7 lawyers agreed with this answer

  2. Can i get a green card, i am married with an us citizen, do we have a case, and how much will cost us?

    Answered about 2 years ago.

    1. Stephen D. Berman
    2. J Charles Ferrari
    3. Javier E Morales
    4. Andre R. Olivie
    5. Karen-Lee Pollak
    6. ···
    6 lawyer answers

    You are probably eligible for adjustment of status, as long as there are no other inadmissibility issues. You will need to find a joint sponsor for the affidavit of support requirement (any U.S. citizen or legal permanent resident with sufficient income). You should speak with an experienced U.S. immigration attorney about your options. Robert K. D'Andrea, Attorney at Law D'Andrea Law Corporation, PLC (626) 240-4688 www.dandrealaw.com robert@dandrealaw.com

    5 lawyers agreed with this answer

  3. Wife threatens to send "application" letter to USCIS stating marriage is fraud and for GC

    Answered about 2 years ago.

    1. Robert K D'Andrea
    2. Neil Ian Fleischer
    3. Obadan Unuigbojie Iziokhai
    4. Stephen D. Berman
    5. Allen Curtis Ladd
    5 lawyer answers

    You may qualify for a waiver of the joint I-751 filing requirement as a spouse that has been battered or subjected to extreme cruelty. You should speak with an experienced U.S. immigration attorney about your options. Robert K. D'Andrea, Attorney at Law D'Andrea Law Corporation, PLC (626) 240-4688 www.dandrealaw.com robert@dandrealaw.com

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  4. Calculating left over time in H-1B status

    Answered over 2 years ago.

    1. Robert K D'Andrea
    2. J Charles Ferrari
    3. F. J. Capriotti III
    3 lawyer answers

    1. Starts from the time you entered the U.S. 2. The time you spent out of the U.S. can be recaptured. 3. To extend beyond the 6th year under AC21 you need to have the PERM filed before the end of your 5th year in H-1B status (365 days). The sooner you start the better. 4. My office has a lot of experience with EB-1 petitions in various technology fields. There are numerous sources for referrals on the internet. You can contact me for a free consultation.

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  5. I-907 for Self EB1-EA application

    Answered over 2 years ago.

    1. Robert K D'Andrea
    2. F. J. Capriotti III
    3. J Charles Ferrari
    3 lawyer answers

    The EB1A classification was reinstated for premium processing service in 2009. This is a self-petitioning category, which entitles you to file the I-907 as a qualified petitioner/applicant. For further clarification you should consult with an experienced U.S. business immigration attorney.

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  6. Can I travel to Canada from the US while my H-1B visa is being transferred?

    Answered about 2 years ago.

    1. Robert K D'Andrea
    2. Giacomo Jacques Behar
    3. J Charles Ferrari
    3 lawyer answers

    Your current H-1B visa stamp indicates the name of the petitioner. Even though a new H-1B was timely filed (probably extension of status not consular process) you could have issues at the border because you no longer work for the petitioner listed on your visa. I agree with my colleague, you should wait for the approval notice. If you are in a hurry then your new employer can use premium processing. You should always speak with an experienced U.S. immigration attorney about your options.

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  7. Hi, what will be the best way to bring my wife and our daughter to US?

    Answered over 2 years ago.

    1. J Charles Ferrari
    2. Nicklaus James Misiti
    3. Robert K D'Andrea
    4. Alexander M. Ivakhnenko
    5. Deborah Lynne Karapetian
    5 lawyer answers

    File an immigrant petition with USCIS for your wife. After approval you will go through consular processing which begins at the national visa center. You should hire an experienced U.S. immigration attorney to help navigate this process.

    4 lawyers agreed with this answer

  8. US Tax Law for Resident Alien

    Answered over 2 years ago.

    1. Robert K D'Andrea
    2. Gregory Herman-Giddens
    3. J Charles Ferrari
    4. F. J. Capriotti III
    5. Rebecca T White
    5 lawyer answers

    Your questions are tax related. You should consult a qualified tax attorney or CPA.

    4 lawyers agreed with this answer

  9. How to count family household on Form I-864?

    Answered over 2 years ago.

    1. Deborah Lynne Karapetian
    2. Hillary Johns
    3. Robert K D'Andrea
    3 lawyer answers

    The child is a dependent for purposes of the I-864 affidavit of support. Agree.

    4 lawyers agreed with this answer

  10. Can I work for any company in my field of study with an EAD?

    Answered over 2 years ago.

    1. Robert K D'Andrea
    2. Stephen D. Berman
    3. J Charles Ferrari
    3 lawyer answers

    You should only accept positions that are directly related to your major area of study. Beyond that there is little guidance and you are generally given a fair amount of leeway here. To maintain your F-1 status you should be employed at least 9 out of the 12 months of your OPT authorization period. You are not supposed to accrue a total of more than 90 days of unemployment during that time. You should meet with an experienced U.S. business immigration attorney to discuss your options.

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