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Giacomo Jacques Behar
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Giacomo Behar’s Answers

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  • Can I still go for a counselor processing if my I-485 has been denied or is there any way I can get NTA issued.

    Hi- I have I-130 approved application petition but had my I-485 denied because of findings of misrepresentation and even my I-601 got denied. Can I still go for a counselor processing if my I-485 has been denied by filing I-824 as people say chanc...

    Giacomo’s Answer

    You may. However, consular processing is even more stringent than processing I-485 and I-601 waiver in U.S. by USCIS. Please speak with an experienced attorney before you make this decision.

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  • Can I apply for a green card with an expired Passport

    I'm applying for a green card but my country passport has expired will that prevent me from getting my green card

    Giacomo’s Answer

    I am afraid it would be difficult, if not impossible to file for AOS with an expired passport. You need to contact your Embassy or Consulate in the U.S. to take care of it and have your passport renewed, before you apply.

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  • Can you please confirm if I can use "AUTOMATIC REVALIDATION OF VISAS" to re enter US?

    I Came to US on H4 visa from my home country India. I changed my status to F1 and did my certification course here in University of california santa cruz(UCSC) extension for 9 months. I got OPT and worked in USA for one year. Then I changed my sta...

    Giacomo’s Answer

    Yes, you can do that, as long as you are still in a valid H1-B status in the U.S. and can prove it if challenged. Take along a legible copy of your H1-B approval notice and your valid national passport, and you should be OK. Bon voyage!

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  • Until when am I authorized to work on an E-1 visa?

    I entered the US on an E1 visa. Until when am I authorized to work in the US? Is it the visa expiration date, or the I-94 expiration date (which is a few months later)? I am currently filling an I-9 form which asks for this information.

    Giacomo’s Answer

    Once admitted to US on E-1 visa, it is the 24-month term given to you under the I-94 that controls the terms of your admission, stay and work in the U.S.

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  • Denial F1-H4 and H4 EAD application due abandonment while pending application. Got H4 visa stamped in India though

    My wife was on F1 visa prior to Jun 2015, We then applied for F1 to H4 status change and H4 EAD application in Jun 2015. She needed to travel to India in November to see her parents. She left US in November 2015. Her both applications were still p...

    Giacomo’s Answer

    Once your wife enters on H-4, she should be eligible for EAD.

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  • Is there any way I can find out upfront if my Visa is cancelled? If not, anything legally wrong travelling unknowingly?

    Ok.. here is the scene: I have a US L1B visa. I-129 its valid till 30th APR 2016. I have got it stamped on passport as well. Passport has same validity dates. However since I got stamped my visa, I am going to enter US for the first time. ...

    Giacomo’s Answer

    Speak to the employer's attorney to discuss your options.

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  • How much attorney will cost me for consular processing and to file for provisional waiver?

    I came to US in 1998 with my parents and 1 older sister on B1/B2 visa which was approved for six months then we extended for another six months.Meanwhile I obtained student visa(F1) which was approved and receipt stated Valid for duration of statu...

    Giacomo’s Answer

    Legal fees vary from one attorney to another and from one city to city. Normally, consular processing should not cost you more than a provisional waiver.

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  • Is my 6 year clock is reset?

    I stayed in US from Setp 2010 to April 2014 on L1-B VIsa (3.5 years). Then travelled to India and my employer filed H1B for me in same year 2014. I again came back to US in May 2015 (i.e after staying in india for one year one month) Can you pleas...

    Giacomo’s Answer

    Since your employer petitioned for you in 2014, or before the gap, your clock should not be reset. Talk to the employer's attorney.

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  • What will happen if I cancel my current h1b, and start using the TPS EAD?Will it have any affect on the ongoing GC process?

    I am currently on H1b and my employer is filing GC (EB2) for me (Labor filed, approval pending).I also have TPS EAD, which I have not used yet.

    Giacomo’s Answer

    It may or may not have a direct effect on your Green card processing, but it is always best to discuss such fine points in a confidntiall setting with your attorney.

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  • just curious to know if i can apply h1b and what are the odds of getting RFE. Thanks

    I have master degree in Information Technology/Database, currently in opt. There is a job offer for me from a company but the company is not e-verified. However, they are willing to e-verify the company and file my h1b. This company is in the bus...

    Giacomo’s Answer

    Your question is about strategy in your case. We normally answer specific practical questions that require a quick response. You need to work with an immigration lawyer in private to discuss all of your options in detail.

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