James A. Bach’s Answers

James A. Bach

San Francisco Immigration Attorney.

Contributor Level 8
  1. Conversion to L1-A from L1-B - 6 months from L1-B maxout required?

    Answered over 2 years ago.

    1. James A. Bach
    2. J Charles Ferrari
    3. F. J. Capriotti III
    3 lawyer answers

    Actually, there is a regulation that provides that you must have been employed in the executive/managerial position for at least 6 months to be eligible to extend your stay to 7 years. This regulation also provides that the change to the executive/managerial capacity must have been approved by the USCIS "at the time that the change occurred". Since you will have 6 months in the new position on November 1, you should be able extend to 7 years without leaving the U.S. I would handle this...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. Options for employment visa given I am outside of the US and want to start work during 2012

    Answered over 2 years ago.

    1. James A. Bach
    2. J Charles Ferrari
    3. F. J. Capriotti III
    3 lawyer answers

    1. That is called the "remainder" option, and USCIS policy allows you to obtain an H-1B visa immediately (i.e., not subject to the quota). There is no time limit for using the remainder option. 2. You could apply for you green card after beginning your employment in H-1B status.

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  3. Is there a fee for filing an i-102 (application for replacement/departure document)

    Answered about 2 years ago.

    1. Giacomo Jacques Behar
    2. James A. Bach
    3. Robert Henry Beer
    4. Veronica Tunitsky
    4 lawyer answers

    To file the I-485 you need proof of legal entry into the U.S., but you do not need the I-94 to establish legal entry. Instead, the stamp in your passport that you received when you entered the U.S. may be sufficient. In some cases, such as adjustment of status based on a family preference category other than marriage to a U.S. citizen, you may need to establish that you did not remain in the U.S. longer than the date indicated on your I-94. In that case, you may need to file an I-102....

    1 lawyer agreed with this answer

  4. Renewal of H1B that expired 2 years ago?

    Answered over 2 years ago.

    1. James A. Bach
    2. Dhenu Mitesh Savla
    3. F. J. Capriotti III
    3 lawyer answers

    You may renew your H-1B visa out of quota if you have not yet used up the 6-year limit. This is called the "remainder option". For example, if you were in the U.S. for three years in H-1B status, you can get back into H-1B status for the remaining three years. It does not matter that the employer is different than your first H-1B sponsor.

    1 lawyer agreed with this answer

  5. L1b and EB1C

    Answered over 2 years ago.

    1. Gen Kimura
    2. Giacomo Jacques Behar
    3. James A. Bach
    3 lawyer answers

    It is possible to present an EB-1C case for a future managerial position, but it is clearly better to start the managerial position before filing. It is a matter of credibility, that is, whether the speculative future job will actually happen. If your employer really wants you in the managerial role, it can promote you to that position before starting the green card case. You can petition to change your nonimmigrant status from L-1B to L-1A before the promotion.

    1 lawyer agreed with this answer

  6. L1A and EB1

    Answered over 2 years ago.

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

    There is no minimum period: you can start your EB-1 case before, during, or after the L-1A petition. However, the sponsoring company (the U.S. petitioner) must have done business in the U.S. for at least one year.

    1 lawyer agreed with this answer

  7. Length of stay on L1A and H1B

    Answered over 2 years ago.

    1. Robert West
    2. James A. Bach
    3. F. J. Capriotti III
    3 lawyer answers

    However, if your employer files a labor certification application on your behalf before the end of your 5th year (i.e., in 2012), you can continue extending your H-1B status indefinitely. If you continue to work for your L-1A employer, you may be able to apply now for a green card based on your managerial duties.

    1 lawyer agreed with this answer

  8. I am an international student out of status for 2 years

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. James A. Bach
    3. John Grayson Davidson
    4. Neil Ian Fleischer
    5. Caro Marie Kinsella
    5 lawyer answers

    You are probably not precluded from returning to the U.S. (with an H-1B, another type of nonimmigrant visa, or an immigrant visa). That is because you do not accrue "unlawful presence" after entering the U.S. in F-1 status (even though you have not maintained your student status), unless there has been a formal revocation of your status (for example, if you applied to change to another status and that application was denied). You stil may face trouble getting a nonimmigrant visa (since you...

    1 lawyer agreed with this answer

  9. Applying for a B2 to visit my L1 Fiance. Worried about eligability.

    Answered over 2 years ago.

    1. J Charles Ferrari
    2. James A. Bach
    3. Deborah Lynne Karapetian
    4. Neil Ian Fleischer
    4 lawyer answers

    That seems pretty compelling to me. Also, you can explain to the consular officer that if your goal was to immediately live in the U.S. you could get married (in your home country) and travel to the U.S. with an L-2 visa. The L-2 visa would give you the right to work. You can explain, however, that you have no plans to get married just yet. Finally, you can remind the consular officer that it is U.S. State Department policy to issue B-2 visas to partners of people in L-1 status (even same-...

    1 lawyer agreed with this answer

  10. H1B EMPLOYEE ON BENCH NO SALARY

    Answered almost 3 years ago.

    1. James A. Bach
    2. Brendan Colm Delaney
    2 lawyer answers

    Your employer has violated Department of Labor rules by failing to pay you while you are in H-1B status, and you can claim back wages from your employer. If your employer refuses to pay, the Wage and Hour Division of the Department of Labor can assist in securing those back wages. I agree that you should hire an attorney to assist you in this matter. The attorney could make the claim to your employer to secure a recent paycheck, which in turn would help you change your status to F-1.

    1 lawyer agreed with this answer

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