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Giacomo Jacques Behar
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Giacomo Behar’s Answers

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  • Do I have a case

    My dad left his dog in the truck after 8 pm outside of a concert hall once the sun has been down with 3 windows down more than an inch and the Oakland county police broke into the truck and removed his dog and ticketed him

    Giacomo’s Answer

    "Case"? For what? What are the (monetary) damages?

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  • Is running backdated paystubs legal in H1B?

    I am on H1B work visa and my consulting company did not have work for me for 4 months. They failed to run payroll for these 4 months. Now I am on a project and they are running my payroll since 2 months. They have agreed to run the previous 4 mont...

    Giacomo’s Answer

    While not "legal" or illegal that's a good thing, since it will reinstate the validity of your status, maintain the employer in compliance with the terms of the LCA and I-129 he signed and enable you to continue maintaining valid H-1B status.

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  • My husband is reluctant to file timely I 751

    I obtained temporary green card in sept 2014 after marriage in usa with usa citizen and we live eat sleep together and have a baby . He threatens constantly by not filing i751 in June 2016 . I am unemployed . His mother passed away and we live i...

    Giacomo’s Answer

    If he is refusing to sign and is threatening you, your only option is to file on your own as a waiver, either based on domestic violence and abuse (on the part of your husband), once you separate and obtain a divorce, by filing a divorce certificate along with a I-751 waiver. It might be difficult since you are still living together, you have no separate funds and are in his full control. However, you can go seek assistance in a women shelter and contact a domestic violence hotline here: http://www.thehotline.org/.

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  • Do I have to submit the documents like DNA tests results with Notice of Appeal (EOIR-29) after being denied for petition?

    My Sister filed petition for green card for my other sister because of some problems in Birth Certificates leading to lack of documents showing proof of relationship. USCIS denied the petition and has allowed us to submit Notice of Appeal (EO...

    Giacomo’s Answer

    I would recommend to submit testimonials from family members, and make another effort to obtain a duplicate birth certificate before you resort to DNA testing, which is expensive. It is certainly not a requirement and is optional. I would advise against you doing the appeal pro se (without being represented by attorney). This is too much of a risk of having your case denied due to some elementary lack of knowledge on your part, which documents constitute sufficient evidence to prove the case.

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  • Timeframe for Employment Authorization and Green Card

    I have just filed my fingerprints for I-765 and I-485 today. How long does it usually take to get an Employment Authorization card and Green Card? Also, when do I expect to receive the receipt "I-767" so that I can take a driver's license?

    Giacomo’s Answer

    it takes USCIS approximately 70-80 days to process the I-765 EAD application, and they have by law 80 days during which to process it.
    The "green card" (I-485) interview is usually scheduled for 2-3 months after the receipt of the EAD, depending on how busy your district is.

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  • There was new rule passed for H1B recently that every H1B location/client change will require H1B amendment with new LCA

    I work for a consulting firm A for client C1. I sit in client C1's office and when Firm A filed H1 for me, they shared this client C1's info. 1) If I want to work for client C2 but for the same firm A and in same location (not same exact add...

    Giacomo’s Answer

    1. You bet, yes.
    2. No. An "amendment" means "modifying" the existing visa/details/conditions, but not extending or renewing.
    3. In all likelihood yes, if your "employer" decides and promises CIS not to send you to "C1" anymore, unless USCIS revokes the entire petition, regardless, for fraud on the part of the "employer", for running a "job shop" with impermissible "labor for hire" and complete lack of employer-employee relationship.
    4. In all likelihood yes, assuming your "employer" has not been denied based on fraud and impermissible job shop activities based on the denial of his first amendment.
    For any custom-tailored advice, and/or additional/follow up questions you might have, kindly consult with an experienced immigration lawyer of your choice in private.

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  • Emergency travel outside US and keep approved COS to L2

    Hello, I've just got form I-129 approval notice from B1 to L1 status for me and L2 status for my wife. She has to urgently go to Ukraine for a medical assistance and can return after approximately a month. Is there a way to do s...

    Giacomo’s Answer

    You seem to be confused about the rules and procedure. An "approval" issued by USCIS with a change of status, in this case from B to L, is only valid for when one is in the US. As soon as depart the US, for medical assistance, emergency or whatever else, one needs a valid visa with which to be able be readmitted back. In your wife's case it will be the L-2 visa and she will only be able to obtain it in Kiev (or Warsaw, should the consulate in Kiev be temporarily closed due to civil war, Russian invasion or what have you.)

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  • Can i change status from H4 to F1 when u visa is pending?

    Hello, I am a domestic violence victim on H4 visa.My U visa is pending.i applied in december 2014(i have medical reports,police reports etc),now my husband has filed for divorce,i am in the process of filing for change of status from H4 to F1 ...

    Giacomo’s Answer

    I don't think attempting to change status to F-1 student while an "U" application is pending is a wise idea, even assuming you qualify. Seek to speak with an attorney in private.

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  • Marriage to a US citizen

    I am an international student (J1 visa without 2 years rule) that came to the US in 2012 for my bachelor degree. I am now on academic training. I have an american girlfriend and we plan on getting married. After we plan on filling for my green car...

    Giacomo’s Answer

    USCIS will not care one way or other, whether you file for your "green card", the next day, after two months or a year. To them any marriage of less than 2 years in duration or a child born or on the way is suspect exactly the same way, until you can prove the authenticity of the marriage/relationship, 50% with documentary evidence, with the remaining 50% being with your oral testimonies during the personal interview at USCIS both spouses have to attend.

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  • Can my sister apply for student visa even though petition for her green card has been filed ?

    My parents are Permanent Resident Alien and living in USA from almost 2 years. They have already filed petition for Green Card for my Sister who is in India. She wish to apply for Masters degree schools in USA. Is it legal for her apply for studen...

    Giacomo’s Answer

    She can apply, but she will be likely denied, due to the "immigrant intent" that the pending I-130 petition filed on her behalf entails, which will be imputed to her.

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