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Giacomo Jacques Behar
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Giacomo Behar’s Answers

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  • USCIS form field - "Current Immigration Status"

    I applying TPS for my wife. She is in H-4 status. In USCIS forms (I-821 and I-765), what should I fill in the field "Current Immigration Status"? The fields are 26 and 15 in I-821 and I-765 respectively. Should it be simply "H-4" or "Dependent...

    Giacomo’s Answer

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    "H-4" is the right category to fill in on that field. "Nepal" again?

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  • Can i sue a immigration company which breached the agreed terms and the reason behind loss of opportunity

    I am from india and was looking for lmia / employer who can provide me job .I took service of one company based out of Edmonton and they said one employer is intrested in my profile and will provide lmia and i would get permanent resident status b...

    Giacomo’s Answer

    You need to pose these questions to either a "litigation" lawyer (euphemistically referred to nowadays as "consumer rights" lawyer) and/or a contracts/transactional lawyer. Not an immigration law question at all.

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  • CAN ONE OPT OUT TO F2B WHILE PETITION IS CURRENTLY BEING PROCESS UNDER F1 ? CAN ONE GO BACK TO F1 AFTER OPTING OUT .

    ADVICE WHEN IS THE RIGHT TIME TO OPT OUT

    Giacomo’s Answer

    Yes, have the choice of 'opting out" of that backlogged category for natives of your country of birth/nationality. Can elect to opt out as soon as the petitioning parent naturalizes and becomes a US citizen.

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  • Applying for spouse greencard after I-140 and I-485 forms submission

    I have submitted my greencard application for EB2-NIW in the beginning of July. I might marry my gf in 2-3 months. I have heard I still can include her to my file if I send required documents before my greencard approval notice. I was wondering if...

    Giacomo’s Answer

    Your spouse can apply for I-485 herself at anytime after the submission of your concurrently filed I-140/I-485, PRIOR to your I-485 adjustment of status application having been adjudicated, i.e. approved.

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  • When i will recive my green card? In the welcome notice says that i'll get it within 3 weeks.

    I want to know if when they approved my aplication i becomed a permanent recident. And also if i can travel next 2016 year.

    Giacomo’s Answer

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    When you will see the actual plastic "green card". You have to be patient. When it comes to Immigration matters, the "3 weeks" could sometimes easily turn into months.
    By next year you will surely be able to travel, with your brand new GC in pocket.

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  • Pregnant and company forcing to go on early sabatical.

    I am on H1 Visa working with a Big software company. I was working on a client location and then my husband switched the job to another near by city so I also decided to move with him. Now the commute for me is close to 1 hour. I was commuting 4 d...

    Giacomo’s Answer

    "Sabbaticals", especially of the "unpaid" kind are prohibited while on H-1B. Consult with a labor lawyer for any claims you might have, but be aware of the fact that your H-1B status (at least with that employer) could be terminated for any reason, should the "employer" decide to retaliate.

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  • EB2 Eligibility with Australian Masters

    Hello, I read few articles on your site regarding EB2 GC eligibility. I have four years of Bachelors in Electronics and Telecommunications Engineering from India. Also two years of Masters in Electrical and Telecommunica...

    Giacomo’s Answer

    Based on the information you provided about both your academic and relevant work experience, yes, someone like you will qualify for an EB-2 caliber job offer, but that's only half of the equation. The other, even more relevant part, is whether or not the job to be offered to you for a "permanent position" will be such that it requires either a Master's degree as an entry-level.

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  • My COS (H1b to F1) was approved with a different effective date. When do I stop working?

    My COS (H1b to F1) was approved on July 23, 2015 with an effective date of September 21, 2015 (this is when my classes begin). When can I stop working without compromising my legal status? Thanks a lot!

    Giacomo’s Answer

    On the very day your newly acquired F-1 status is due to go into effect, namely Sept. 21.

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  • Can I travel outside of the US on OPT visa after my husband files for my GC? Does H1 visa come in conflict with GC filing ?

    I am a student on OPT(17 august 2015-16 august 2016) and fiance has green card. Not employed currently, but actively looking.

    Giacomo’s Answer

    There is no such thing as an "OPT" visa - you mean F-1. If only a green card holder, then he better wait until you are admitted into H-1B status before filing the I-130 petition on your behalf, which is the only thing he can do at this time. H-1B allows for "dual intent", whereas F-1 does not.

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  • B2 Stay extension for Parents??

    My friend's mother is in NY, - B1 visa and her 6 month stay expires by Sep 15th. My friend wants her to extend it beyond 6 months to take care of the little ones. Couple of questions. 1) Can he apply for I-94 extension and how much possib...

    Giacomo’s Answer

    1) Friend's mother can apply for an extension of her B-1/B-2 status. However, if she claims to be performing any babysitting duties for her children/grandchildren, it will be subject to automatic denial. You are best served to schedule a confidential consultation in person or via Skype with an experienced immigration attorney to assist you to correctly assemble the extension package to assure a higher probability of its approval.

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