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Giacomo Jacques Behar
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Giacomo Behar’s Answers

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  • Is there a problem if I stop going to school in the middle of the semester after the change of Status from F1 to H1B?

    I am currently maintaining my F1 status. From October 1st I will be on H1B. I am enrolled in the fall semester of school because I need to maintain my F1 status till the end of September. Once my H1B starts I will be working full time and do not w...

    Giacomo’s Answer

    There shouldn't be any problems, since you will "transition" in an orderly fashion from F-1 to H-1B come October 1st, when your H-1B status will supersede and overtake your current F-1 status, assuming your H-1B employer requested the change of your status to H-1B, which am sure he did. Once in H-1B status, no need to worry about maintaining valid F-1 status.

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  • What does it mean when the interviewer issues the following: USCIS will send you a written decision about your application? Thnx

    My father had his citizenship interview done today at the Orlando office. According to him everything went well but he might of struggled remembering all dates when leaving the country during the past five years. He had been out four times each a ...

    Giacomo’s Answer

    Yes, you should be concerned. USCIS normally gives you a paper with the annotation "your N-400 application has been recommended for approval" at the conclusion of the interview. Without knowing more, the language of "USCIS will send you a written decision about your application" presages either the issuance of a Request for Further Evidence or an outright denial, with the reasons therefor explained in the letter.
    USCIS has, by law, up to 120 days after an interview during which to issue a decision on a case. Remain patient. In this instance they will in all likelihood conduct their own investigation about your dad's travel history.

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  • How long will it take to get I-485 approved with TSC??

    Hello, My receipt date for I-485 form at TSC is 15 May 2015. I have already got my EAD/AP in June. My case is cross chargeability India -> Mexico. Can someone please guide me as how many more days i have to wait till i listen any thing from TS...

    Giacomo’s Answer

    Was the I-140 already approved? TSC (or CSC, VSC or NSC) will not approve any of the I-485s unless the I-140 filed has already been approved.
    No two employment-based I-485 cases are the same. Succumb and give importance to the gossip on the various "forums" you frequent at your own peril (and disappointment). Remain patient. Generally speaking, an EB I-485 takes 6 months to process (in theory). But some cases can take up to a year or longer, and even need the USCIS "Ombudsman"'s intervention and good offices to locate, retrieve and adjudicate employment-based filed lost or "misplaced" by TSC. Let's hope yours will have a happy ending.

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  • What are the main civil/supporting document need to send NVC for spouse of permanent resident ?

    I want to sponser my spouse in the US and i filled form I-1864 as well as I-864A but i dont know what are the document need to send NVC. I have marriage certificate polices certificated birth certificated school all this things even passport photo...

    Giacomo’s Answer

    All the supporting documents needed are listed on the "instruction/informational packet" you will receive in due course from NVC in that regard.

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  • My H1B is approved but change of Status is denied. Can I retain my F1 status now and file for H1B again next year?

    My H1B is approved but change of status is denied. Currently I am working on CPT and I am scheduled to complete my Masters degree by fall of 2017. Is it possible to continue working on CPT and maintain my F1 status without going to my country for ...

    Giacomo’s Answer

    Given that you are currently in lawful (and valid) F-1 status in the U.S. you can continue remaining in the country for the duration of your F-1 studies. Once you decide to start working for the H-1B employer, assuming he will still be interested in offering you the job, you can then depart the US to apply for the H-1B visa at your home country US consulate. Your employer's immigration lawyer can also file an application to change your status to H-1B right here in the US, so that you wouldn't have to depart, unless want to. I am curious as why, however, your employer filed your H-1B with "consular notification request" as opposed to changing your status here in the US, given that you are in valid status.

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  • Mystery shopping on B1 visa?

    I am a Canadian citizen. I am an independent contractor Canadian mystery shopping company which offers a discount for mystery shopping assignments in the US (I do not profit, simply get a percentage back of what I spent). Would it be legal to do...

    Giacomo’s Answer

    That sort of activity while on a "Canadian visitor's" admission admission in the US comes uncomfortably close to unauthorized "work" in the US, in violation of the visitor's status under which you'll be admitted, and could create serious problems. Where you get paid is not relevant, but the activity(ies) engaged in while "visiting" the US for pleasure (or for business) are the ones that will be determinative in defining your violation of status.

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  • Will the new employer be able to transfer H1-B as well as I-140 ?

    Recently my H1-B got extended till September 2018. I have an approved I-140 with my current employer that made it possible to extend H1-B beyond regular 6 year term, which was ending in 2015. My current employer is not doing good financially and m...

    Giacomo’s Answer

    • Selected as best answer

    Another H-1B employer can offer you a similar (or even better) H-1B position job and by doing so, request and obtain an additional 3 years extension of your current H-1B, as long as can do so prior to the soon to become ex-employer being able to "withdraw" that I-140. The new employer will need to restart the "green card" application process by fling a brand new PERM LCA, as well as I-140 on your behalf, but the good (excellent) news is that you will be able to reclaim/recapture/re-use your old PERM's earlier priority date.

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  • Have qualification & required degree for H1-B but my prevailing wage is Level 1 and my actual wage is less than Level II.

    I'm hired by a community college who needed me immediately in January 2015 for faculty and analyst position - complicated. HR has revised my Offer letter at least 3 times.(1) They didn't allow me to work total 40 hours & paid me only for 36.33 ...

    Giacomo’s Answer

    The prevailing wage of any given job is based on the job duties for the position, as described by the employer, and never on your academic qualifications, experience or credentials. The employer is required to pay you the higher of either the 'prevailing" or "actual" wage, i.e. the wage for the same position paid to all other instructors. The employer can choose to terminate your temporary H-1B employment at any time, for no valid cause, union or no union. Thus, I would be happy to have a job and not try to "stretch" this any longer if I were you.

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  • How will my filing for divorce affect my immigration situation ?

    I am on dependent status on my spouse's Work Visa.

    Giacomo’s Answer

    Your filing for divorce, while not "fatal" in and of itself, if final BEFORE your and your estranged spouse obtain your "green cards", will preclude you from later obtaining permanent residence as the spouse-dependent on the employment-based "green card" application filed by your husband's employer.

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  • Cancelled with out prejudice on my visa? can I apply for visa again....vl i face any prblms with my previous rejectd visa

    saicharan

    Giacomo’s Answer

    "Without Prejudice" implies that you can re-apply for your visa. Whether or not you will fact problems, largely depends on what was the basis for your visa cancellation. I recommend you consult an experienced immigration attorney in your area to discuss this in a confidential manner.

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