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Win Chester Eaton

Win Eaton’s Answers

111 total


  • My i-20 expired on 06/30/2014. Can i apply for I-485 If my I-20 expired ?

    My husband is a permanent resident of U.S. I'm full time student /F1 visa/. We've applied I-130 and got approval document I-797. But my i-20 expired 06/30/2014, and i think i still have my grace period /2 months/. If in this case, can i apply my i...

    Win’s Answer

    • Selected as best answer

    Be careful here - You are subject to a preference category and therefore you MUST maintain lawful status or you will not be able to adjust. When is your spouse eligible to become a U.S. Citizen? Contact an experienced immigration attorney before you try to navigate these waters.

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  • Does someone accrue unlawful presence if DACA was granted before turning of age?

    If someone is granted protection from removal under Deferred Action for Childhood Arrivals before turning of age, does that person begin to accrue unlawful presence once they turn of age? If it helps, I'm asking this question because I plan on usi...

    Win’s Answer

    If at some point you marry a US Citizen and decide to consular process you should leave the country while on valid DACA status.

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  • Does making too much money keep someone from renewing deferred action?

    On the I-765 WS the directions say the form is required to determine whether the applicant has an economic need to work. I will be relocating soon because of a recent job opportunity so that I can save money for college. I'm expecting to make anyw...

    Win’s Answer

    I agree - You have work authorization so that you are permitted to work and earn money. Your economic necessity argument is that you are working with authorization and if your DACA renewal is denied you would be in a dire economic situation with no means of support.... It is likely time to renew your DACA. I would advise you seek an immigration attorney's assistance and get is filed soon, within 150-120 days of expiration.

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  • H1 transfer and fallback plan

    I am currently employed with X on H1, I got H1B transfer approved for employer Y, however haven't yet resigned and joined Y. I am in process of getting new H1 transfer with employer Z, who is asking to start working once we get receipt. Can I go b...

    Win’s Answer

    You must be very careful not to violate your status. It appears from your description that you are able to work for employer Y so long as the approval is valid. These are matters that should be discussed in private consultation with your own immigration attorney. DO NOT reply on the advise you receive from an attorney who may be representing you BUT also represents one of the employers. You need an attorney of your own!!!

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  • My parents are coming to us on green card. I signed the affidavit of support . I am titled by IRS as highly paid.

    are they eligible to get medicare (all the different parts). My dad is 67 and is blind and my mom is 62 but have congestive heart failure and cant work .Private insurance thru obamacare is very expensive st $1600 per month. any help to manage t...

    Win’s Answer

    What is the date of residence on your parent's Green Cards? Are they eligible for U.S. Citizenship yet?
    You should talk with a person who knows medical insurance law.

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  • On H1B extension and I94 is expired. I got RFE on extension, replied but get layoff. Can I change employer while RFE is pending?

    My Employer filed my H1B extension and I94 is expired. I got RFE on the extension which my employer responded back and waiting for the response from USCIS. In the mean time my employer layoff me along with many other employees 2 weeks back but the...

    Win’s Answer

    You and your previous employer as well as your prospective future employer have sensitive legal issues that MUST be discussed in private with a competent immigration attorney - and SOON!!!

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  • L1 Extn, after 100 days reset back to Initial Review with message your Alien Registration Number was changed for I129.

    Hi, I have been waiting for my L1 extn result, and it is ~90+ days, since we replied RFE, the last service request that we filled with USCIS, came back as "Application is in Supervisory review", Now after about a month, today morning my C...

    Win’s Answer

    Don't concern your self with what "status" USCIS shows via the case status page on the web. What matters more is what is printed on the I-797 Notice's of Action that you and the attorney receive from USCIS. Consult with your attorney - this is not a matter for public discussion.

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  • F1 out of status

    Hi, Kodjo i came with F1 visa but am out of status since 2010, Am married since 2013 and my wife has an asylum (she not yet a USC) and she works for the National Guard, the problem is i been working illegally and ICE just issued me with a NTA in 1...

    Win’s Answer

    You MUST hire an immigration attorney soon. If your first Master Calendar Hearing is a few days away you could go to the hearing alone and ask the judge to give you more time to hire an attorney. You MUST go to the hearing - if you fail to show for the hearing you will be ordered removed by the judge. DO NOT allow that to happen - It is very likely that your case will have a good outcome if you work within the system. YOU MUST GO TO THE HEARING!!!

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  • Blank I-94# in the bottom portion of my 797A Notice for COS from H4 -> F1 (But has all other info correctly)

    Hi , I got my COS (H4 -> F1) approved and got my I797A Notice. All I94 details are there except my I94# (Its Blank). 1. How can i correct it? 2. Can i contact local USCIS office or Custom Border protection office? Pl...

    Win’s Answer

    Consult with your DSO. To check your I-94 - use the online CBP page at https://i94.cbp.dhs.gov/I94/request.html

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  • Been undocumented for almost 2yrs, have an EB3 petition priority date May2008, can I still use it to fix my status?

    Entered US Sept2012 with H1-b visa, request for extension was denied Oct2012. Accdg to visa bulletin, priority date to be processed for July is JAN2009. Can I still use my EB3 petition to fix my status without going back to the Philippines? Thank ...

    Win’s Answer

    The dates you mentioned are confusing. You entered on H1B Sept 2012 and the extension was denied the following month??? I would strongly advise that you consult with an immigration attorney. Your case involves special complications and needs careful analysis because you are out of status. Look for a Certified Specialist in Immigration & Nationality Law.

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