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Giacomo Jacques Behar
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Giacomo Behar’s Answers

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  • Can I work remotely from a home office on a TN?

    I am a Canadian working in the US on a TN visa. I would like to work remotely from a home office, which would be in a different city (but same state) as the physical office location. Nothing would change about the company or my position. Only my p...

    Giacomo’s Answer

    No, working from one's "home office", as opposed to from the employer's place of business, as attested to in the TN petition you presented to CBP is not permitted. Any type of "self-employment' is strictly prohibited under TN rules.

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  • Can my husband cancel my H4 visa without my knowledge?will i be able to get my visa stamped at the consulate without any hassle?

    Hi, I am on H4 visa holding valid EAD till 2017. My spouse is on H1B Visa. We came to India in December for 20 days vacation but before our scheduled departure date my husband cheated me and abandoned me here in India and fled back to USA without ...

    Giacomo’s Answer

    Your husband can "cancel" nothing. Bear in mind, however, that the moment the divorce is final, whether here or in India, that you will no longer be in H-4 status and must depart the US as soon as feasible after that..

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  • Traveling abroad while visa extension is processing

    Can we leave USA while visa extension is processing ? Some one suggested us can't leave us while extension processing , is there any Uscis rule that we can't leave USA ? In case if we have an emergency to go our home county and extension i...

    Giacomo’s Answer

    In theory, (but not in real practice, according to some of my clients) if you depart the US in the midst of your application being processed, that constitutes an "abandonment" of your pending application for EOS and it will supposedly lead to the denial of your pending I-539 applications and the automatic cancellation of your still valid visas in your passports. It so happens, however, that I had at least 3 (separate, unrelated) clients in L.A., all of whom were simply readmitted on their still valid B-1/B-2 visas after their mid-stream departures from the US. (But that was at L.A.'s airport - don't attempt to try that at Minneapolis airport or JFK..)

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  • Will H1B amendment petition for 'location change' reverts my L1 status?

    Im on H1B and my company filed conversion to L1 (change of status). Also my H1B amendment (for location change) petition is still in processing. If L1 COS is approved, i will be on L1 status. Now the question is what if my H1B amendment gets appro...

    Giacomo’s Answer

    1. "Will my status be changed back to H1B?" No, not if it is merely to "amend" and existing H-1B AND the L-1A petition has a requested start date that is subsequent to the expiration date of your current H-1B.

    2. " if H1B amendment gets approved after L1 COS is done" AND "survives" the COS to L-1A, in that its validity date goes over the L-1A, then all you'll need to do is briefly exit the country, apply for a "fresh, new" L-1A visa "stamp" at your home country US consulate (may it not be Hindustan..)

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  • Help needed for student visa.

    Hello Sir/Madam, I am planning to apply for student visa. I do not have much information about it.I would like to get help on what i can do while i am on student visa and what i can do after i am done with my studies. What is the extension pro...

    Giacomo’s Answer

    All of the case-specific questions you have are beyond the scope of a general blog such as this one, in that they require lengthy explanations and back and forth question and answers and thus must be addressed during a private consultation with an immigration lawyer.

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  • What is the process of going from H1B to H4 and get the EAD ? What is the fastest way to get the conversion ?

    Hi - I am currently working on H1-B VISA from my organization and my Husband has his own H1-B from his employee with I-140 approved. Now , i need to move to H4 and apply for EAD on my husband's VISA and continue working for a different company...

    Giacomo’s Answer

    The "process" you are referring to is known as a "Form I-539 Application for Change of Status" ("COS"). You will need to attach all the needed documentary proof, and can also concurrently apply for the EAD on Form I-765. "Get the EAD" is currently taking no less than 100-110 days.

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  • Can H1 B petition be extended in explained situation from L1 B to H1 B?

    I came to US on L1 B in March 2011 and considering all my vacation days taken outside US my 5 years period on L1 B will get over on 5th May 2016. One of the employer is ready to file H1 B for me this year and said that as I have already spent 5 ye...

    Giacomo’s Answer

    1. One year.
    2. If remain outside the US for one full year (can be anywhere, not just Hindustan) you will have "reset" yourself and will then be eligible for a "fresh" new period of 6 years on H-1B.

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  • Immigration related question

    I'm working for Employer X in L1B Visa. I found two employers(Y and Z) who are willing to file H1B in 2016 with CoS(change of status) for me. Here are my concerns: Once my H1B is picked with employer Y or Z with CoS still can i work with curr...

    Giacomo’s Answer

    "Picked" or "approved" rather? Each H-1B is in fact the petitioning employer's petition, with you as the beneficiary.. Thus, you can always have a "change of heart" and choose to ignore the approval on your behalf to either "Y" and/or "Z" and continue working with your current "employer", as if "nothing happened". (My Hindi clients are Masters of that..) All you'll need to (later) do is briefly exit the country and upon return emphasize you want to be readmitted on your still valid L-1B visa "stamp"...

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  • How to correct employment card name interchange

    how can i correct a simple name interchange on my new employment card? middle name used as first name and first name used as middle name. went to social security but will not issue social security card because of discrepancies. i really need...

    Giacomo’s Answer

    I wouldn't bother with this at this stage.. You obtained that EAD based on what type of case? Asylum? DACA? TPS? Marriage or Employment-based "adjustment of status" ("green card" application)? if based on marriage-based AOS, then you'll be able to "correct" your name which will appear on your "green card" during the upcoming I-485 AOS interview, otherwise not, unless you were to try scheduling an "INFOPASS" inquiry appointment at your local USCIS district office (useless) or calling the "nationwide toll-free "hotline" (less than useless..)

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  • How safe it is to convert back to h4 without effecting my h1 opportunity? ? Can I reconvert to h1 without any problem??

    Hi, I got my h1 visa approved on Jan 20th. As I can't join job in next 3 months, they are asking me convert to h4 and reconvert to h1 whenever I am ready to work.

    Giacomo’s Answer

    Complicated situation, if discovered, will help reinforce USCIS' experience that far too many of these H-1B "consulting" jobs do not contain a "genuine job opportunity". Note that you will only be able to apply for COS in the USA IF (and that's a big "IF") you can prove to have maintained valid H-1B status since Jan. 20. Otherwise you are not eligible for any type of COS.

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