Todd Eric Gallinger’s Answers

Todd Eric Gallinger

Business Attorney.

Contributor Level 13
  1. F1 to H1 to F1 to H1

    Answered over 4 years ago.

    1. Todd Eric Gallinger
    1 lawyer answer

    Since you are exempt through the Master's degree, you will be a parter of the larger cap. because of the slow economy, it is very likely that there will still be a visa available for you when you apply, but you should do it soon. For your authorizes time on the F1, you need to look at the I-94. Normally it is marked DS, which means Duration of Study, and you can stay as long as you are enrolled in school full time. It is advised that you process the H1 while in the US, rather than...

  2. How can i find out if INS have a record of me?

    Answered over 4 years ago.

    1. Todd Eric Gallinger
    1 lawyer answer

    If you entered without inspection (meaning you came across the border without being stopped or used a fake visa or passport), you will not be able to adjust status (file for a green card) through your spouse. You can file the I-130 petition here in the states, but you will have to go back to your home country for a hardship waiver and to apply through there. This is a difficult and potentially harmful situation, since you would be barred from entering the US for 10 years if it not successful....

  3. How can i fix my immigration status?

    Answered almost 5 years ago.

    1. Todd Eric Gallinger
    2. Juan Paolo Pasia Sarmiento
    2 lawyer answers

    Your question depends on whether you entered the US with a valid visa. If so, your husband should be able to sponsor you even if that visa expired. If your parents brought you here across the border without inspection, then you will have to return home to process. However, the 3 and 10 year bar do not begin accumulating until you turn 18. For this reason you will likely want to return home soon (before 180 days after your 18th birthday to avoid the 3 year bar) and process the green card...

  4. Can i contest my stepmothers living trust she established shortly after my father died(wihthout a will or trust)?

    Answered about 5 years ago.

    1. Judith Ann Routledge
    2. Todd Eric Gallinger
    2 lawyer answers

    You have not given any basis to contest your stepmother's trust in your question. The fact that you would be excluded would simply not be sufficient. Since you father died intestate (without a will or trust) if would be distributed according to Probate Code Sections 6400-6402.5. You might want to review to see if his assets were distributed according to the law, a challenge might be more successful there. But if the house in question was owned by your dad and stepmom as joint tenatns, it is 100%...

  5. Can i contest my stepmothers living trust she established shortly after my father died(wihthout a will or trust)?

    Answered about 5 years ago.

    1. Todd Eric Gallinger
    1 lawyer answer

    You have not given any basis to contest your stepmother's trust in your question. The fact that you would be excluded would simply not be sufficient. Since you father died intestate (without a will or trust) if would be distributed according to Probate Code Sections 6400-6402.5. You might want to review to see if his assets were distributed according to the law, a challenge might be more successful there. But if the house in question was owned by your dad and stepmom as joint tenatns, it...

  6. Can a place of business change the terms of a contract?

    Answered about 5 years ago.

    1. Todd Eric Gallinger
    1 lawyer answer

    The party which bought the business should be bound by the original terms. They cannot just turn around and request more compensation. They should have researched the issue before they purchased the company you originally signed the agreement with. If they don't follow through on the agreement, you can sue them for breach of contract. It depends on the terms of the agreement and what it was for. If the agreement says it can or can't be assigned, then that will govern whether it can be...

    1 person marked this answer as helpful

  7. Can I sue a business for using my logo?

    Answered about 5 years ago.

    1. Todd Eric Gallinger
    1 lawyer answer

    You certainly could sue him, most likely for conversion (theft in common language) and unjust enrichment. Depending on the size of the business and how often he has used the logo, you may want to consider small claims court, but you should certainly consult with a lawyer on the issue first.

    1 person marked this answer as helpful

  8. Can I use an EIN from an old business for a new new business?

    Answered over 4 years ago.

    1. Todd Eric Gallinger
    2. Jonathan Robert Geisen
    3. Jason Peter Wapiennik
    3 lawyer answers

    No, the WIN was assigned for the previous business to use. It is easy and very quick to apply for an EIN online. You can go to irs.gov and fill out the SS-4 form online. The whole process takes about 15 minutes.

  9. Since the repairman didn’t fix the washing machine, can we get any money back or credit towards further repairs?

    Answered over 4 years ago.

    1. Kristopher Jon Krentz
    2. Todd Eric Gallinger
    2 lawyer answers

    With an amount this small, it is not likely to be worth the time and money to pursue it legally. The filing fee for a small claims court is higher that the amount in controversy. If you do feel like he was dishonest, I would try reporting him to the Better Business Bureau or leaving a review at a consumer website, like Yelp. Maybe then he would be willing to help. However, sometimes it is ordinary for a repair person to try a cheaper fix before a more expensive one. You may want to get...

  10. How do I merge 2 businesses and be fair?

    Answered almost 5 years ago.

    1. Todd Eric Gallinger
    1 lawyer answer

    The value of a business is something which no formula can accurately calculate, but there are many different formulas which can be used. Some are based on the value of the assets, others calculate based on cash flow. Of course you will want to also value the employment which the owners will put it. There is no specific way to do it fair, it basically just has to be agreed on by all the parties. If that can't be done, you can hire an attorney or a valuation expert.