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Jeff L. Khurgel
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Jeff Khurgel’s Answers

3,284 total


  • May my employer file for a greencard for me?

    Hello. I am currently working in the US on F-1 OPT STEM status. My F-1 OPT STEM is valid until June 1, 2015. This year my employer filed for H-1B status for me, and unfortunately my application was not selected in the lottery. Now, my employer wou...

    Jeff’s Answer

    Your employer can start the employment-based process for you now, however, fiiing the H-1B next year may be a good idea in case you need to maintain status while your employment-based immigration is pending.

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  • Can a victim of domestic violence get her permanent resident even when her husband is here in US just with a visa?

    My friend has been victim of domestic violence and she is married to someone who only holds a visa. Can she get her permanent resident still?

    Jeff’s Answer

    There are visas for victims of certain crimes, if the eligibility requirements are met. Be sure to discuss this in a confidential discussion with an immigration attorney.

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  • PERM in progress. L1 Individual getting expired on march 2017

    My PERM application was recently filed (Ist June 2015). PERM recruitment was completed. My L1 individual visa will get expired on March 2017 (Also my stay would have been 5 years by March 2017). 1. Unless i switch to H1B, what are the other op...

    Jeff’s Answer

    It is worthwhile to evaluate whether you might be eligible for another several years in L-1(A) status as a functional manager. Even though it may not appear at first glance that you are a "manager' as we would define the term in common usage, the immigration regulations have a slightly different meaning for functional or component manager.

    In answer to your other questions, the I-140 can be quite fast, as USCIS offers Premium Processing for EB-2 and EB-3 cases. The I-485, of course, will depend on when the PD is current, and thereafter, will normally take about 4-6 months for a decision. If you depart the U.S., your PERM and I-140 process can continue. In that case, if you are approved, your Immigrant Visa will be processed through the Consulate in your home country.

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  • Do I need an employment and/or immigration lawyer?

    Hello! I am currently a Canadian citizen and resident, with a job opportunity in MD (I have an in-person job interview next week). I may or may not be presented with an offer that day or in the following days. if that is the case, I would like an ...

    Jeff’s Answer

    You will need an immigration and an employment attorney, separately, to advise you as to these two very different areas of law.

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  • Can B2 VISA be converted in to F1 VISA

    AFTER b2 visa visit to USA. Can some one apply for F1 visa after taking admission in high school

    Jeff’s Answer

    F-1 status for high school students is rare but not impossible. You'll want to speak with the school's official responsible for immigration and a licensed immigration attorney.

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  • Overstay or return back?

    I have this question that is killing me.my i 94 is about to expire and me and my husband can not afford to send the i 130 and i 485 + the medical exam etc etc.so my question is : Is it better to overstay and send the forms when we have the money,o...

    Jeff’s Answer

    It is best not to remain unlawfully in the U.S., and to return home to apply for an immigrant visa. However, under certain circumstances, individuals who have overstayed are still eligible to adjust status. Be sure to discuss this in a consultation with an immigration attorney.

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  • How to supplement an asylum application

    I have already filed an asylum application with the help of a translator (I-589 and declaration) and received my EAD. However, the translator is no longer available and I now know he made MANY mistakes in my application. I was wondering if it is p...

    Jeff’s Answer

    Yes, it is possible to supplement a pending asylum application. I would recommend speaking with a licensed immigration attorney for assistance.

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  • Are i601 waivers done before or after a consulate interview?

    My husband is currently waiting for his consulate interview in his country. We already know that we have to do waivers for him. Normally are the waivers done before the interview or will the officer tell us which waivers we have to do?

    Jeff’s Answer

    The I-601 waiver is requested during and submitted after the Consulate interview.

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  • How i'll know that i'm fine to apply for my present husband?

    Yes,i was living there that time where my divorce was confirmed,i was there almost 18 months. And my former husband was noticed about that divorce and he got 90days time period for defend but he didn't. How can i'll be fine to apply my present hu...

    Jeff’s Answer

    There are numerous factors that are a part of evaluating your question. I recommend speaking with an immigration attorney.

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  • I-485 Application to Register Permanent Residence

    I am a U.S. permanent resident and I filed I-130 for my daughter 18 months ago which has been approved. She is still under 21 years of age. I asked a question about when she could file her I-485 about an hour ago. Some of the attorneys who kindl...

    Jeff’s Answer

    Depending on the daughter's age, she might be able to depart then reenter on an F-2A immigrant visa. DACA advance parole should also be evaluated, and it would also be good to know how close you are to being able to Naturalize. I recommend speaking with an immigration attorney to evaluate your daughter's case.

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