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Lynne Rogers Feldman

Lynne Feldman’s Answers

3,903 total


  • H1B Holder Legal Name Change on I-797 (H1B) and at USCIS

    Hi. I'm on H1B and recently had a New York City Court ordered legal name change (NOT due to marriage.) I have already received my new Social Security Card and Driver's License with my new legal name on them. How can I update USCIS and change my...

    Lynne’s Answer

    yes I would use your new name when you apply for the green card and include copies of the court documents showing your name change. Of course also indicate the name on the H-1B documents as another name used. If you want a corrected H-1B approval notice, you will need to file an I-824 with the original approval notice and proof of name change. make sure you also change your passport.

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  • Am I eligible file citizenship application keeping in view that I have completed 30 months continuous stay in USA ?

    I have the I-551 since 2007 and had been visiting USA once an year, but only recently (30 months) have been living continuously in USA. Question is as follows:- 1. . Am I eligible to file application for citizenship or do I have to comple...

    Lynne’s Answer

    To evaluate we would need to see the complete history of your ins and outs. Do you have any breaks greater than 180 days? Did you have a Reentry Permit for these?

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  • What to Do If I Can't Sponsor My Spouse ( I-130 ) Due to Lack of Income and We Have No One Else To Sponsor or Co-Sponsor?

    I am an American Citizen and was born in America. I do not have enough income from Social Security to sponsor my foreign spouse according to what I understand the requirements are to file an I-130 -which may also turn into a 601 waiver. W...

    Lynne’s Answer

    An alternative would be three times the income requirement in the form of assets. Unfrotunately there are no other choices

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  • H1b accepted an employment and I want to turn down the offer. Do I need to pay for expenses?

    I am on H1b and accepted an employment with an employer. The offer letter says, I need to pay 75% of the "immigration expenses", if I voluntarily terminate the employment within 6 months. I haven't yet joined the company and now, I want to turn do...

    Lynne’s Answer

    The employer is responsible for all H-1B expenses as a business expense under USDOL regulations. You can have a North Carolina employment lawyer look at the terms of the employment offer you signed for advice on the enforceability of other terms.

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  • Is there possibility that my passport get denied because of wrong divorce date?

    I am divorced for 12 years, and my Certificate of Naturalization says DIVORCED, my ex-wife don`t like to talk with me, she is married with 3 kids... I called for Divorce Certificate, they say there is a problem, divorce is not finalized... Long ti...

    Lynne’s Answer

    This is a common occurrence that people start a divorce but don't finalize it unwittingly. It seems she has a bigger problem in her new marriage not being valid. I would take the steps to get the divorce finalized and then notify the U.S. passport agency that the divorce date you believed to be the right one was incorrect as your wife did not complete the process and here is the correct date.

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  • Applying GC under EB3 category for L1A visa

    Hi There, I am on L1A visa and this is valid till next year. I am applying for Employer sponsors GC, however as per company policy, they are filing under EB3 Category. However, I am insisting to file under EB1-C category. Please advice what ar...

    Lynne’s Answer

    This would be much faster and cheaper for the employer would be the argument I would give; but the employer may want the slower route to keep you employed with them longer.

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  • Form I-131 Physical Address

    I am filling out the form I-131 but I have a doubt about question 2a (Part 1) when it asks the physical address. I know that this address is considered even the mailing address but I don't want to get any documents because it is not a safe address...

    Lynne’s Answer

    yes, just put your name c/o (parents' names) and then their address.

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  • Asylum and TPS

    I have asylum case not interviewed at USCIS. I'm on cross road whether to file TPS that's. Designated by dHS for the citizen of my country. I have heard from a super lawyer that whoever is waiting asylum interview at USCIS, it's better not app...

    Lynne’s Answer

    the answer will depend on the strength of your asylum case, where you are in the process, etc. Legal advice is suggested from someone who knows your case not general advise on AVVO.

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  • Can I Transfer my H1B visa to New Employer when my perm is under Audit with current employer?

    Completed 6 years on h1B last month, However i have approve I797 for another year based on Pending Perm with current employer.

    Lynne’s Answer

    yes but you will only get one year of H-1B time.

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  • What is the Processing time for AOS I-485 under Section 245i?

    my dad has a family petition I-130 catergory F4 (brothers an sisters) the petition was approbed on May 5 1997. the priority date in march 2015 was jul 1 1997. so he applied on march 6 for AOS under section 245i, he received his work permit on ma...

    Lynne’s Answer

    Houston is posting processing time of 4 months for I-485 so you can submit an inquiry through the USCIS customer Service Center. It is not uncommon though when many older cases have to be pulled and routed to the Adjudicating Officer for the case to take longer.

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