James A. Bach’s Answers

James A. Bach

San Francisco Immigration Attorney.

Contributor Level 8
  1. Can i and how do i get an r1 extension? is it possible? or can i apply for greencard?

    Answered about 2 years ago.

    1. James A. Bach
    2. Giacomo Jacques Behar
    3. J Charles Ferrari
    3 lawyer answers

    You can get a total of 5 years in R-1 status, so if you have been out of the U.S. you should be able to extend beyond April 2013 (by the same amount of time that you have been outside the U.S. since April 2008). Also, if you have been out of the U.S. for a period of one year, you can get a new R-1 visa, with a new 5-year clock.

    3 lawyers agreed with this answer

  2. N-470 and preserving continuous residence

    Answered over 2 years ago.

    1. James A. Bach
    2. Robert West
    3. Gen Kimura
    4. Rebekah Bell Rodriguez
    4 lawyer answers

    It is true that you must have had a continuous year of physical presence in the U.S., but you must have already fulfilled that requirement to get the first N-470. It is not true that you have to file the N-470 before you leave the U.S. You can file the N-470 after leaving the U.S. and even after you have started the employment abroad, but it has to be filed within one year of departure from the U.S. You can therefore file the second N-470 without returning to the U.S. if you have been...

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  3. My lawyer did not hit the send button on green card application for employee

    Answered over 2 years ago.

    1. James A. Bach
    2. Brendan Colm Delaney
    3. Neil Ian Fleischer
    3 lawyer answers

    Since you mention a "send button", I am assuming that the green card process was a labor certification. If so, the recruitment you conducted has all expired, and you will need to start the entire case from the beginning.

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  4. OPT change to J1, but lay off before J1 effective date

    Answered over 2 years ago.

    1. James A. Bach
    2. J Charles Ferrari
    3. Peter Hills Acker
    3 lawyer answers

    It depends on the change of status approval notice. If the change date has not yet arrived, you can take steps to prevent the change from occuring. However, if you are already in J-1 status, you may not be able to change back to F-1 (and OPT). I have never heard of this situation (in over 30 years of handling such cases!). That is something your attorney should research; perhaps a persuasive argument for changing back can be made.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Married with an US citizen had a felony 6 years ago clean record ever since what are my chances of adjust my status?

    Answered over 2 years ago.

    1. James A. Bach
    2. Robert West
    3. Neil Ian Fleischer
    4. Karen-Lee Pollak
    4 lawyer answers

    To be eligible to adjust your status, you must have entered the U.S. legally (that is, you must have been "inspected and admitted", usually with a lawful visa). You are right to be concerned, because adjustment of status applications could result in deportation because of past crimes. I agree with my colleagues that you need to have an immigration attorney review all of your criminal records, order an FBI rap sheet, and analyze your situation, and you definitely should not proceed without...

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  6. Can a Canadian citizen visitor in the US apply for I -129 /TN while in the US? If so what documents do I need?

    Answered almost 2 years ago.

    1. Dean P Murray
    2. James A. Bach
    3. Eric Elliot Ludin
    3 lawyer answers

    Canadians do not get B-1 visas. And yes, you can apply to change your status to TN. Generally though it is faster to return to Canada and apply at the border or international airport.

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  7. My sister has a permanent ban on entering US and her husband's company is applying for his L1, can her ban affect him?

    Answered almost 2 years ago.

    1. James A. Bach
    2. Hendrik Tjaart J Pretorius
    2 lawyer answers

    Her ban should not affect his L-1 visa application. Also, they should consult with an immigration attorney to explore the possibility of getting an L-2 visa, despite the ban. Spouses with L-2 visas are eligible to work in the U.S.

    2 lawyers agreed with this answer

  8. Changing jobs in the 8th year of H1. But no current green card in process.

    Answered almost 2 years ago.

    1. J Charles Ferrari
    2. Jose Antonio Moreno
    3. James A. Bach
    4. Myron Russell Morales
    4 lawyer answers

    You should be able to get an extension of three years, based on the approved I-140.

    2 lawyers agreed with this answer

  9. I am irish national wishing to travel to the US for business within a company what are my entitlement to a visa in immigration?

    Answered over 2 years ago.

    1. Michael Charles Doland
    2. Sweta Khandelwal
    3. James A. Bach
    4. Neil Ian Fleischer
    4 lawyer answers

    I disagree with my colleague who believes that work as an employee rather than as an independent contractor is normally required for an L-1 visa. Actually, it is settled law that it is never required. Work as an independent contractor is sufficient if it has all of the attributes of employment (for example, it is full-time, there is only one company you work for, and that company controls and directs your work).

    2 lawyers agreed with this answer

  10. H-1B portability - filed I-129 yesterday for an employee, do I need to wait for receipt number before letting them start work?

    Answered about 2 years ago.

    1. James A. Bach
    2. J Charles Ferrari
    3. Alan Douglas Dobson
    3 lawyer answers

    I agree with Mr. Dobson. The current I-9 Handbook that you quote (the 2011 edition) is changed from the 2009 edition, which mentioned the requirement of a receipt. The AC21 law itself only refers to filing the petition (and not receiving a receipt), and the USCIS has never issued a regulation to clarify the requirement. When the law was first passed over a decade ago, the USCIS (called the "INS" at the time) did issue informal guidance that suggested that the FedEx or other delivery...

    1 lawyer agreed with this answer

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