Skip to main content
Mario Steven Zapata
Avvo
Pro

Mario Zapata’s Answers

405 total


  • Change from full time H-1b to part time H-1b with the same company and its affect on I-140

    Im currently working for a company on a H1b visa and have an approved I-140 with the same company. I plan to switch to a part time job with the same company. I know H1B visas allow for part time work but wanted to know how it will affect my form I...

    Mario’s Answer

    I agree with my colleagues. A good starting point would be to talk with the employer's attorney.

    See question 
  • What would be my current uscis status when applying for family based i-485 while I currently have EAD from pending employment ba

    what would be my current uscis status when applying for family based i-485 while I currently have EAD from pending employment based i-485

    Mario’s Answer

    This forum is really not to get answers to specific questions on forms or step-by-step instructions on filling otu the form. If you are not sure how to respond, either consider retaining an attorney to handle it, or answer the question truthfully such as "unknown". Good luck!

    See question 
  • When I am in TPS status can my wife add me in her GC process in I140 and I797 for EAD.

    I am in F-1 status and my country has been granted TPS. I am planning to apply it. At the same time my wife's company has filed her PERM labor certification. Later, during filing I140 and I797 EAD form , is it possible to add my information while ...

    Mario’s Answer

    Your TPS eligibility should not affect your eligibility for Adjustment of Status in a negative manner. Other factors will determine your eligibility such as whether you have maintained status, etc. Good luck!

    See question 
  • I'm on a F1 visa. Can I go back to my home country to travel and come back to the U.S with no problems after getting married?

    I'm on a student visa, came as an Aupair and my boyfriend is planning to propose. I was an Aupair for two year after changing my visa status. I didn't go back to my home country to chance my status which now doesn't allow me to leave the U.S and c...

    Mario’s Answer

    You make no mention as to whether or not you had the 2-year foreign residency restriction/requirement or not when you were issued the J-1. This could affect your eligibility for Adjustment of Status. Assuming you are eligible for adjustment of status, it takes approximately 3 months get issued Advance parole document after it has been filed.

    Good luck!

    See question 
  • DACA INTERVIEW

    I applied for DACA 2 years ago my case was in Nebraska recently it was transfered back to l.a but I never received any response. Today I received a call from my attorney stating that immigration want to interview with me wish I'm scared causing ...

    Mario’s Answer

    All of my colleagues have given you good advice. Definitely, hire an attorney to accompany you, and definitely hire an attorney before seeking your lawful permanent resident status based on your marriage to a U.S. citizen. There several good attorneys that offer free consultations in the LA/OC/SD area. Good luck!

    See question 
  • Meaning of Status for i131 travel document

    I'm a Daca applicant and currently have my Daca and employment card, I apply for travel document few months ago, just today the status change to "Document Was Mailed to Me" on June 19th we mailed you your document. What does it mean ? Approved or ...

    Mario’s Answer

    Congratulations, you should be receiving Form I-551, Parole Travel document. Make sure to only travel after the "issue date" found on that notice you receive, and return prior to its expiration date. Also, strongly consider consulting with an immigration attorney before embarking in another immigration process such as adjustment of status.

    See question 
  • Need instruction on filling I-539 form to change of status from F1 to H4 visa

    My I-20 end date was on May 12, 2015(grace period 2 months). I am changing from F1 to h4 visa. I need help with form I-539: part2-application type 2a- i will check on the change of status. the new effective date of change=july 1, 2015...

    Mario’s Answer

    The information you seek can either be answered by reading the instructions or you will have consider hiring an attorney to assist you. I encourage you to consider consulting with an attorney, and considering paying for some level of service (2nd opinion, overall representation, or simply to get answers to the specific questions you are asking).

    See question 
  • H1B rfe and company doesn't want to respond since they don't have project

    I worked for company A and have H1 valid until Jan 2017 and approved i-140, company B acquired company A and company B filed for H1 transfer and got an RFE but they are not going to respond since they don't have project. So I am trying to move an...

    Mario’s Answer

    Best to ask this question of Company C attorney(s). A detailed question like this is best answered during an in-person consultation. Good luck

    See question 
  • I've had my Dream Act Card for 3 years, am now married with a US citizen with our baby. What can I do for permanent residency.

    I've been living in America since i was 13, so for about 12 yrs, the last 3 with Dream Act Card & Social. I have a wife who was born a US Citizen in California and were expecting a baby girl in October 2015 in addition to my stepson whom I support...

    Mario’s Answer

    Congratulations to receiving DACA (and its benefits, marrying, and having children. You have a lot of responsibility and obligations. You should protect yourself and consider hiring an experienced attorney who will advise you as to your options, risks/benefits, and hopefully assist you with the process of gaining lawful permanent resident status. Such process (and evaluation into eligibility) is nowhere near as simple as the DACA process you completed. Several good attorneys in SD and OC county offer free consultations. Good luck!

    See question 
  • Immigration I-797

    I just got in the mail I-797 notice of action and indicates approved. But then it states that my husband is not eligible to file an adjustment of status application, What does that mean? and that we need to wait 30 days to hear from the Depart...

    Mario’s Answer

    It means you will receive notices from the NVC to continue with consular processing, and eventual interview at the U.S. consulate in your husband's home country. Generally, this is done because the I-130 petition filled out indicated that your husband would pursue this process. If you are unclear whether your husband is eligible for adjustment of status (here in the U.S.), consular processing, and/or needs a waiver of inadmissibility, I strongly recommend you hire an attorney for the remaining part of the process which is generally not as straightforward as the I-130 petition. Good luck!

    See question