Ekaterina L Powell’s Answers

Ekaterina L Powell

San Diego Immigration Attorney.

Contributor Level 10
  1. Can I open (incorporate) a business in US while in B1/B2 status? Sponsor my own GC/H1b?

    Answered over 1 year ago.

    1. Aggie Rachel Hoffman
    2. Ekaterina L Powell
    3. Maria J. Marty
    4. Dana Howard Shultz
    5. Tripti Sharad Sharma
    5 lawyer answers

    Actually, you can be the owner of the company and hold an H-1B. What matters is that you should have outside control over your employment. For example, you can have a board of directors that controls the right to fire/assign tasks to you.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Currently filing I-130, I-485 concurrently, when the USCIS reviews my case, do they go over to check if i maintained F1 status?

    Answered about 1 year ago.

    1. Ekaterina L Powell
    2. Mark Robert Barr
    3. Alexander Joseph Segal
    4. F. J. Capriotti III
    5. Maria J. Marty
    5 lawyer answers

    If your husband is a US citizen, then you don't have to maintain a legal status to be approved for a green card.

    7 lawyers agreed with this answer

  3. My wife is usa citizen and i am h1b holder she applied for my greeen card. After interview i saw my status " decision "

    Answered over 1 year ago.

    1. Ekaterina L Powell
    2. Daniel Warren Thomann
    3. William Gaston McLean III
    4. Irina Alexander Vinogradsky
    5. Stephen D. Berman
    6. ···
    8 lawyer answers

    This is great news for you! USCIS notation means that they have approved your case and that the green card has been mailed to you. Make sure you update your address with USCIS if you move during this time. You don't want your green card to be lost :)

    Selected as best answer

  4. What does supervisory review mean in an H-1B petition case?

    Answered over 1 year ago.

    1. Ekaterina L Powell
    2. Maria J. Marty
    3. Ji Min Kim
    4. Wendy Rebecca Barlow
    5. Alexander M. Ivakhnenko
    5 lawyer answers

    Usually, there is a supervisory review before the adjudicating officer can deny an H-1B petition. Based on the notice, it looks like the adjudicating officer has made a decision to deny the H-1B and has provided the decision for supervisory review. USCIS is not clear with the wording whether the denial decision has been made or whether the employer will be given an opportunity to respond to the notice of intent to deny. Either way, the employer should receive the decision very soon, so there is...

    5 lawyers agreed with this answer

  5. How long does it take for a lawyer to collect documents from employer/employee and prepare to file for H1B from OPT- April 2013?

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. Ekaterina L Powell
    3. Giacomo Jacques Behar
    4. Justin G. Randolph
    4 lawyer answers

    We recommend all prospective clients to start preparation of H-1B case as early as possible, ideally in February. As other attorneys have explained, it may take some time to prepare the case as your degree may need to be evaluated, your employer may need to prove EIN number, etc. The most common issue that we see in our practice in mid-March is that many prospective H-1B clients contact our office very late (sometimes one week before April 1) and there is not much time left and H-1B rush begins....

    5 lawyers agreed with this answer

  6. Can a person lose their LPR status if he is reported to USCIS for having entered into a fraudulent marriage?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Ekaterina L Powell
    3. Wendy Rebecca Barlow
    4. Kyndra L. Mulder
    5. Marco Antonio Ruiz
    5 lawyer answers

    Your friend's husband can certainly lose his green card if USCIS determines that he in fact obtained it through fraud. Your friend can tell USCIS about the deceit and USCIS will then pursue the matter further with him. They will give him an opportunity to rebut the allegations but if he is not able to, then he will lose his green card and can be deported.

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  7. EB5 visa

    Answered over 1 year ago.

    1. Ekaterina L Powell
    2. Jay Ignacio Nunez
    3. Habib Hasbini
    4. Rajeev K Sachdev
    5. Ili J. Subhan
    5 lawyer answers

    There are no restrictions as to the size of the business you invest in but it should be able to generate 10 full-time jobs generally within 2 year period. You don't have to show that jobs have already been created at the time you apply for EB-5 but a business plan submitted with EB-5 needs to discuss how, based on the nature of the business, its sales projections, etc., it will be able to create 10 full-time jobs. [removed]

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Please, i came to visit my son that is a USA citizen since 2001

    Answered over 1 year ago.

    1. Ekaterina L Powell
    2. Wail Sarieh
    3. Robert Andrew Michael Burns
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    Your son can petition for a green card for you while you are in the U.S. However, it is better to wait for a month before you submit the paperwork because if you do it right away the immigration may think that you intended to immigrate when you entered the U.S. as a tourist. The application procedure can be found here: http://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen. The documentary requirements can be confusing and it is recommended that you...

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  9. Can I make a trip to to Hawaii using passport while my AOS application is pending?

    Answered over 1 year ago.

    1. Ronald Jeffrey Tasoff
    2. Ekaterina L Powell
    3. Shuting Chen
    4. Maria J. Marty
    5. Christopher Daniel Leroi
    5 lawyer answers

    You can travel to Hawaii without any problems for your AOS application.

    4 lawyers agreed with this answer

  10. Can I file FOIA request to get a copy of the RFE response for my H1B petition? My employer/lawyer is not cooperating.

    Answered over 1 year ago.

    1. Mario Steven Zapata
    2. Daniel Patrick Hanlon
    3. Ekaterina L Powell
    4. Maria J. Marty
    5. Alexander M. Ivakhnenko
    5 lawyer answers

    The best option for you would be asking your employer to request a copy of the case from the lawyer and explaining your concerns on that. If there is something that can be done, you still need your employer's cooperation.

    4 lawyers agreed with this answer