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Anna Marie Hysell

Anna Hysell’s Answers

28 total

  • Is it legal to get an F1 visa after I ran through my OPT?

    I worked at the facility with my OPT for one year and employer said he will sponsor my visa but never did. I got an opportunity to get back to school and pursue second major. Can I get an F1 visa for Bachelor's degree after I already completed opt?

    Anna’s Answer

    There is a 60 day post-OPT completion period that you must fall within in order to be able to apply for a second F-1.

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  • How we can check the clock start for premium processing for H1B Visa Extesnion

    My attorney file the H1b extension in premium and I would like to know how to check the clock starts for H1B Extension in USCIS or any other website

    Anna’s Answer

    USCIS will send notification to your attorney when they received the request for premium processing. The clock will not start until USCIS receives the request.

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  • Can an E-3 Dependent's employer file I-140 and I-485, i.e., can a visa dependent be the primary on an I-485 Adj of Status filing

    Trying to find out if a DEPENDENT nonimmigrant visa holder can be the primary applicant in immigrant petiton/adj of status application for green card.

    Anna’s Answer

    Green card processing allows for inclusion of Spouse and children as they are direct family members. As long as the E3D dependant spouse has work authorization they can be the principal beneficiary/applicant for the forms I-140/485. The employer will file the form 1-140 on your behalf.

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  • Is it possible to self petition for a Green Card while employed in the USA on a O 1 Visa? If so,roughly what are costs/ timings

    I'm relatively clearly at the top of my field. I write columns about my subject for national press. I judge awards. I get paid to speak at conferences on my subject. I have a clear track record of progress,

    Anna’s Answer

    You can potentially qualify for an Extraordinary Ability case EB-1 if you are deemed exceptional in your field. You can file the I-140 petition while you are still in O-1 status. However this category is quite difficult to forecast success in as its highly subjective and there are many factors limiting eligibility as well.

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  • Is possibility of losing steady employment/resulting financial hardship sufficient for a request to expedite a TPS (i821) app?

    I applied for Temporary Protected Status & employment authorization (i821 & i765 forms), have gone through most steps (initial filing, review, biometrics) & am now waiting. Processing time is supposed to be 3-4 months (without guarantee). Most lay...

    Anna’s Answer

    You can definitely file a request to expedite your TPS application and it is well worth doing so. However you should speak to an experienced immigration attorney to help you best state your hardships, as losing your employment typically won’t suffice on its own.

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  • I-140 RFE Replied regular process. Can I Initiate Premium Now?

    USCIS acknowledged my employer I-140 RFE reply was received on July 10th 15 on their website via regular process. Can I initiate premium process now as EB2 PD is current. Or just wait it out? Also my 485 and AP was filed as well. ...

    Anna’s Answer

    You can file the request for premium processing, but it may not be advantageous if the RFE was already processed as you may need to wait for USCIS to respond.

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  • A US LPR petitioned for an unmarried daughter who is not in an oversubscribed country. The Priority date is March 22nd 2010

    When will the NVC make first contact to make request for ds 260?

    Anna’s Answer

    Once a visa petition is approved it is transferred to the National Visa Center where it is determined if a visa number is currently available for that case. If not, then it is warehoused by priority date. Once the priority date becomes current you will receive a letter in the mail to take action. It is important, therefore, to notify the National Visa Center as well as U.S. Citizenship and Immigration Service of any address changes should you move. If you do not, and you do not take action on your matter within 1 year that they notify you, your case will be terminated.

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  • Immigration lawyer creating hassle.

    Our immigration lawyer is telling us we cannot use assets to supplement the gap in the income requirement. She says this is the most complicated case of her life. She also says she has never had to deal with anyone over 10 years who had to use a...

    Anna’s Answer

    You can always fire your attorney if you are unsatisfied with their service. By law attorneys must return to you any portion of fees that you have paid that have not been “earned” by the attorney. If you have difficulties with the termination of your lawyer and are unable to recover unearned fees, you should file a complaint with the State Bar Association where they hold their license.

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  • Can i still continue to file my i130 petition for my wife even if i have an ongoing case?

    I have accused to rape someone and because of this it affects my moral and my ongoing petition for my wife. What should i do? I realy appreciate it

    Anna’s Answer

    Being accused of a crime isn’t something that will prevent you from filing an I-130 petition, however obviously as the case plays out it could have serious implications. The Adam Walsh Act for example prohibits certain individuals involved in sexual misconduct from sponsorship. You situation sounds quite serious and you should discuss your options with an immigration attorney.

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  • When I go home after my opt visa expires, can I visit the United states?

    I most likely will have to return home once my visa expires next month. My best friend is getting married In Jamaica in April 2016, would I be okay to travel to her wedding or will I be stopped and questioned even though I have been in Canada for ...

    Anna’s Answer

    Compliance with your ability to be in the U.S. now will allow you the opportunity to return to the U.S. in the future. Depending on what country you are from, you may be able to visit through the Visa Waiver Program or you will need to apply for a B2 Tourist Visa through your Consulate in your home country.

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