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Giacomo Jacques Behar
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Giacomo Behar’s Answers

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  • I applied for OPT after receiving my Ph.D. My application is pending after 102 days. What can I do?

    Online the application appears as "Case Was Received" since May 19th. I changed my address and updated my address online. I received a receipt for the change of address in July 21st. I have filled an inquiry request, the response noted that a deci...

    Giacomo’s Answer

    You can simply continue waiting and hope for the best. There is nothing else you can do at this juncture.

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  • EB2 Labor: Time gap needed between recruitment activities and filing the labor perm

    Hi, is it mandatory to file the Labor immediately after the recruitment activities are done by the company? Can the labor application be filed 6 months or 1 year after the recruitment activities are closed? Also is labor application that is s...

    Giacomo’s Answer

    Yes. (Proper) "timing" of activities is key during those recruitment activities.

    No. Will be much too late then to comply with the PERM regulations to that effect.

    Yes, it is one and the same. The process is referred to as "Application for labor certification" and "PERM" refers to the electronic filing of that ETA Form 9089 which is filed electronically with the DOL. The term stands for "“Program Electronic Review Management process”.

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  • Pay Check from wrong company name and maintaining H1-B status

    My company has subsidiaries. I am currently on H1-B visa and it was noticed that from last 7 months paycheck was running from subsidiary company. Will it be a problem for my H1-B status? Both companies have same physical location.

    Giacomo’s Answer

    Should not be any problem. In all likelihood could easily be explained (and proven), should the issue ever arise at the H-1B renewal/extension stage.

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  • Can a person who was deported to Mexico for intent to deliver cannabis obtain a visa?

    Fairly simple. My friend used to sell marijuana. After he was convicted he was deported. His crime did not involve violence or weapons. He himself is not a violent person and has no history of violence. Currently he works at a Mercedes dealers...

    Giacomo’s Answer

    US immigration laws take convictions by foreign nationals on illicit substance trafficking charges very seriously. That is why it is highly unlikely that such an individual will ever be able to have a visa issued to him. Doesn't hurt to schedule a private consultation with an experienced immigration lawyer, however.

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  • I'm working for a US startup under a L1A Visa. I want to leave the company and find another job, what are my options?

    I got approved for a L1A (sponsored by my company) last December (2014) and been living in San Francisco since then. I now want to leave my company and find another job. I heard multiple theories (L1A to H1B conversion, L1A transfer to another co...

    Giacomo’s Answer

    You will need to secure another employer willing to sponsor you, most likely for an H-1B visa, if both the job and your academic degree, as well as work experience (if needed at all) qualify. You will not be able to get another L-1A job, that was specific to your current employer and your previous work history. It's a shame you want to leave and they are not keeping you happy there, since, despite the fact that a "startup", they can sponsor you for permanent residence within the years you are on L-1A, and individuals in your classification are exempt from the onerous "labor certification" requirement when employers launch the "green card" application process on their behalf under "EB-1(c)" employment-based category. Perhaps you want to have a serious talk with them about your future there. As this and all all other options that might be available to you, you need to schedule a private consultation with an experienced immigration lawyer to explore all your options and analyze the feasibility of each. Most of us conduct consultations on Skype and/or phone and also work on weekends. Some will even be in downtown SF this weekend to meet with clients.

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  • What documents we need to show our marriage is bona fide for form I-130

    me and my girlfriend just got married and are now about to fill out the I-130 form to start the consular processing for the spousal CR-1 visa... Question is: since we just got married, we dont have a shared bank account or properties that we b...

    Giacomo’s Answer

    You seem to be confused. One does not need to attach any documentery evidence proving the authenticity or the marriage and your lives as a married couple - that is reserved for the personal interview stage - be it in the US with CIS or abroad at the US consulate. If both of you are in the US, then it is an "adjustment of status" that should be seeked, instead of "consular processing" abroad. You also forgot to tell us whether you are a US citizen or a 'green card" holder.

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  • Can I take a legal action against passport agency?

    We applied for for my daughter's US passport since April 2015. We received a letter that they need a proof of citizenship from me and a proof that my daughter was born in year 2004. Send all they needed right away. They contacted me and said every...

    Giacomo’s Answer

    I wouldn't even try, since it'll be a complete exercise in futility. Have you instead tried to pay the "expedite" fee (which in reality is not much) and elevated the processing of the passport to 48 hours or less?

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  • Details Regarding H1B stamping .. Need Help !!!

    Hi All, In H1 stamping do US consulate verify my employment as I have 3 years degree with 5.5 yrs in IT company From 2009 Nov to 2012 Jan, I worked in a company which is no more in market but i have all the copies of offer lette...

    Giacomo’s Answer

    The US consulate in question, even if located in India, is not supposed to engaged in the "re-adjudication" of the H-1B petition already approved by CIS. All you need to do is provide the same documentary proof as to your eligibility under your academic credentials AND "relevant work experience in "progressively more responsible positions" already provided to and approved by USCIS. The consulate should be content with the same documentation - if at all asks during the interview. Should that consulate still try to engage in "re-adjudication" and requests documentation that USCIS never requested, you can always request declarations from your co-workers, accountant; etc. You (and your lawyer) have to be creative about it, that's all. There is always more than one way with which to skin a cat.

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  • Welcome letter and about to move to a new apartment(address) in about a week.

    Hiiiii. Ok first of i am excited and over the moon. I went for my gc interview (marriage based) today and i just checked my status and it says welcome letter sent. Already? Well i have some questions. 1st is my lease is up in about 7 days sho...

    Giacomo’s Answer

    Congratulations!!!
    Do not "change" any address with USCIS until you have actually received your "green card" and holding it in your hand, for filing an AR-11 Address Change Form now with CIS could have the effect of "muddying the waters" and, who knows, delaying the receipt of your GC? (I don't think that CIS is that fast or efficient, but why risk it?) You have 10 days after the change of address during which to file the AR-11, but some individuals do it after months, others after many more months, and others never file an address change. CIS has never enforced these requirements nor ever penalized anyone for having failed to timely (or ever) report an address change.

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  • Recent car accident and dispite witnesses stating the accident wasnt my fault, the police took the side of the man who hit me

    I'm a 19 year old girl and this is my first accident and have no driving record. This man ran a red light going 50 in a 35 and hit me when I was turning left on an intersection and totaled my car. Dispite a whole mechanics shop and a woman who was...

    Giacomo’s Answer

    Unfortunately as a general rule, the driver who made a left turn is usually the one at fault in a car crash, but there can exceptions that could successfully be argued by a reputable and experienced personal injury attorney with adequate trial experience. Police reports can often be successfully challenged: the policeman/woman was not a "recipient witness" of the crash, but in fact arrived on the scene after the fact!
    Thus, don't let your heart be troubled: please continue your medical treatment (that is very important) and schedule a sit-down meeting with one or more reputable personal injury lawyers licensed in IL. Given that PI lawyers take those cases on "contingency" (zero out of pocket to you, with the lawyer getting compensated a percentage of the total settlement amount he/she obtains for you) such meetings will be free. Best of luck!

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