Skip to main content
Jacob Jan Sapochnick
Avvo
Pro

Jacob Sapochnick’s Answers

25 total

  • Is there a grace period to work such as Cap Gap after OPT (STEM ext) expires, when applying for an Adjustment of Status?

    My OPT STEM ext expires in a month and we just applied for an AOS along with a request for work authorization. It takes 3 months for me to get the new EAD card. I was wondering if I can still keep working until i get my new EAD card, even though m...

    Jacob’s Answer

    There is no grace period after filing AOS.

    See question 
  • "Have you filed any I-601A applications," Do you usually include a legal brief with the application?"

    I 601 a extreme hard waiver did u get approved last yiir 2013 ? and how many cases ? thank u

    Jacob’s Answer

    We have processed many nationwide.

    See question 
  • Starting USA company- Foreign National- L1 Visa

    hi I am a Indian national and am starting a USA company. My plans are to start a small business in USA and then apply via L1 visa. I already have a established business back in India and I am the majority shareholder. I am planning to...

    Jacob’s Answer

    When establishing a new U.S. Subsidiary or Affiliate company for an L-1 Visa, you will want to keep the following in mind:

    The foreign firm and the US firm must have a “qualifying relationship.”
    The US and the foreign firm must have common majority ownership, or, where there is less than majority ownership, common control by the same person or entity.

    Ownership by a common group of owners where no owner has control or a majority interest can cause a problem if each individual owner does not own approximately the same amount of both the US and the foreign company.

    This problem can sometimes be worked around if the owners have set up a voting agreement to ensure that there are not different groups controlling the foreign firm and the US firm.

    As a general rule, the Owner of the Foreign Company should own at least 50% of the U.S. Company. A suitable entity form for the L1A is the C Corp in most cases. Hope this Helps.

    See question 
  • How can I get my fiance from Mexico to the United States?

    My Fiance just recently re-applied for his green card today. The declined him because he is not staying married to his wife. His wife and daughter live here in the US and he is in Mexico where he has been for the last 2 years. During the last 2 ye...

    Jacob’s Answer

    He should not have applied for his residency is he was not in a viable relationship with his spouse. Hopefully he was not charged with fraud. But if you are to marry him in the future, he will not be allowed to enter the US just because of the marriage. You will need to file the necessary paperwork (Form I-130, etc), and go through the Immigration channels. It may take up to 12 months form him to be able to finally immigrate and you will need to establish that your marriage is legitimate as well.

    Good luck!!

    See question 
  • Do I have to be specific on the work dates for the past five years?

    Some of the companies that I worked for closed and my mistaken was not keeping the exact dates from when to when I worked on those places. I know the months of when I started and when I ended but no the days. I have a few correct but at least 3...

    Jacob’s Answer

    There is no requirement for specific accuracy, just state the date as you remember and explain yourself at the interview. Good Luck.

    See question 
  • How long does it take to get H4 approved for someone who is already in the US (currently on L2)

    If I apply for H4 based on my husbands approved H1.Is it likely that my H4 petition will get approved before 19 Dec 2011 (which is the date my husbands Status will change from L1 to H1) Note:My husband is currently in L1 and me on L2.

    Jacob’s Answer

    It is best to check the processing times for form I-539 for the exact time frame. But typically it takes about 90 days to get the H4 processed. If filed along with the H1B case, H4 cases are processed at the same time. So if you file the H1B premium processing along with the H4 request the case can be processed in 15 days.

    But in your case, the H1B is already approved so you are looking at 90 days more or less.

    See question 
  • I'm holding a Conditional Green Card. Do I need to apply for I-131. We're going to a 10 day cruise outside US in a month.

    My Conditional Green will not expire in next 4 months. Thank you so much!

    Jacob’s Answer

    • Selected as best answer

    Te Conditional Green Card (Permanent Residence Card), is just like a regular Green Card, but is limited to a 2 year term. This is to allow the USCIS to verify if the marriage is legitimate or was entered into for the sole purpose of getting a Green Card. Aside form the 2 years term, the card is just like a regular Green Card.

    So if you need to travel you can do so without the need to apply for the I-131 Parole or any other document. If you committed a Crime or any other violation that may impact your Green Card, I would suggest to consult an attorney before departing the US.

    See question 
  • Does EAD go invalid when changing Visa from L2 to H4?

    The EAD was initially approved under L2 and valid for 2 years. Now I might need to change to H4, will the EAD still be valid for the approved 2 years?

    Jacob’s Answer

    The L2 carries the benefit of applying for the EAD card. The H4 does not allow for the same benefit. As soon as you obtain H4 status, you should not be using the EAD card.

    See question 
  • Citizenship- processing time

    How long does the person take to become US citizen since she fill out an application? What is the processing time? She is green card holder.

    Jacob’s Answer

    In San Diego you are looking at 4.5 from filing until you are called for the Naturalization interview (assuming one has a regular no issues case). Once approved at the interview, take another 30 days or so before you are scheduled for the Oath ceremony. Good Luck

    See question 
  • Is it required to have a police report in order to self petition under VAWA?

    Even though the U.S. citizen were to call the police, however, she were to note in the report the abuse he inflicted upon her, would this type of report qualify in aiding this woman's self-petition?

    Jacob’s Answer

    In I-360 Self Petition the evidence submitted in the case is critical. It is important to review the evidence, in this case the report, before deciding if it will be helpful for your case. Please consult an experience lawyer before filing.

    See question