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Khoa Maxwell Nuyen

Khoa Nuyen’s Answers

13 total


  • My TN visa as a Management consultant is up in September. Is it possible to renew the same via, or will I need to reapply?

    My TN visa as a Management consultant is up in September. Is it possible to renew the same via, or will I need to reapply? Is it likely to be denied for the same visa as a "consultant" since I already had a three yr visa for this role?

    Khoa’s Answer

    Yes, you may extend your TN status by having your employer file and I-129, or in the alternative, you can request another TN visa by going through a border checkpoint. Be advised, however, that the management consultant category is looked upon with suspicion and you should tread carefully. I have gotten many "renewals" in this category, and it was never easy or cut and dry.

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  • Help! Do I qualify for an I-601A waiver?

    The I-130 that I filed for my husband was approved. But when it was approved I was still a permanent resident. My husband entered without papers and now we want to fix his papers. I just became a naturalized US citizen this year. Can I still quali...

    Khoa’s Answer

    Please do not try doing a 601 waiver on your own. You're only asking for trouble.

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  • Can I list my husband's income (he's the intending immigrant) on the affidavit for support form (i-864)?

    I'm a US Citizen, and my husband used to live in the UK and got transferred to the US through work. We got married 5 months ago. Because I'm a student, I do not have any income to sponsor his permanent resident application. Can his income count t...

    Khoa’s Answer

    Yes you can use your husband's income on the affidavit of support as long as the income is derived from authorized work. No, listing the income will not tie your husband to the company or to any particular location.

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  • Query Regarding Non Competent clause in Offer Letter

    I am a employer of company working at a client location . My employer is not direct vendor of the client . There is a prefered vendor in between . when I joined my employer he made me to sign some terms like this : The Employee agrees that du...

    Khoa’s Answer

    The answer to your last question is yes, your employer can sue you. Will he/she prevail is a different matter.

    That being said, I agree with the other attorneys that non-compete and non-solicitation agreements are generally unenforceable in CA. That should give you a good idea of what your legal rights are.

    The bottom line is that there's no use worrying about what your employer will do or not do until it happens.

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  • I was "laid off" this week. I was being misclassified and my final paycheck was for less than the 76.93 hours I worked

    I was classified as a 1099 employee, worked a set schedule, in an office, paid hourly. I have yet to file for unemployment as I'm sure the claim would get denied. Also my final paycheck was for a lot less than the hours I worked. Will I need an at...

    Khoa’s Answer

    Classifying an employee as an 1099 independent contractor is a common way for a company to avoid paying taxes, benefits, and overtime. However, there are strict rules on the application of this classification. I would most definite consult with an attorney about your situation.

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  • Can i apply for a U Visa I suffer domestic violent, from the father of my daughter i did the report with the police

    he is Mexican, and has work permit, I do not have any status i have 3 kids born in USA,

    Khoa’s Answer

    It's also possible that you qualify for another form of relief, VAWA. However, you should consult with an immigration attorney because there are no black/white answers to your question.

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  • Do I need to file Form I-130 in additon to Form I-485 after my fiancee and I got married to meet the 90-day requirement?

    My fiancee is here in the USA on an approved K-1 visa and we got married within the 90-day requirement. This same question is already asked by someone but the answers she got from three Immigration Attorneys who responded are conflicting. David N....

    Khoa’s Answer

    You do not need to file a separate I-130.

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  • N 400 part 10 question 8a,

    I signed up online in the American Library Association just to have access to their online catalog for studying purposes, I paid for that and they sent me membership card for one year and I never used it and I didn't renew it, I forgot to tell tha...

    Khoa’s Answer

    This part of the N-400 is designed to determine whether you have extreme political affiliations, or you are a member of an extremist political/military group. Your library membership would not likely raise any eyebrows. Relax. :)

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  • What's the U.S. Law with a citizen marrying an immigrant with an F1?

    My girlfriend is here on a student visa from Iran. She can't get a work visa. I'm a U.S. Citizen, born and raised. If we get married, can her status change in terms of being allowed to stay? If yes, Is there a minimum length of marriage that w...

    Khoa’s Answer

    If your marriage is legit, you should have no problems sponsoring your fiance as a spouse (based upon the limited facts you provided).

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  • While filing a EEOC complaint, should I hire a lawyer, or should I just file on my own?Will my employer be able to terminate me?

    I'm working for a big corporation since 2003 and I am not getting promoted because of my race and gender. Other employees which are lower in seniority to me are getting promoted yet I am not which leads me to believe I am being discriminated. What...

    Khoa’s Answer

    If you file an EEOC claim and your employer takes any adverse employment action against you (e.g., demotion or termination), you will have a good claim for retaliation. A retaliation claim can survive even if the underlying EEOC claim is found to be without merit.

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