James A. Bach’s Answers

James A. Bach

San Francisco Immigration Attorney.

Contributor Level 8
  1. There was break in empoyment for 5 mths, same employer rehiring me -new I797B. H1B stamp valid till 2013. Do I need re-stamping?

    Answered about 2 years ago.

    1. Robert West
    2. Elizabeth Clare Surin
    3. James A. Bach
    4. Mary Carmen Remigio Madrid-Crost
    4 lawyer answers

    So far you have three answers: yes, no, and more questions. More questions wins. This situation is very fact-specific, and you should consult the employer's attorney who handles its H-1B cases.

  2. I have L2 EAD valid upto Aug 2012 my visa will expire on oct 2012 and I 94 in march 2013, will I get L2 EAd Extension Approval?

    Answered over 2 years ago.

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

    You should get the extended EAD to March 2013. The visa is only an entry document and does not govern the length of your stay in the U.S. The I-94 does that, and the EAD can be issued for the time left on the I-94.

  3. Please tell me the procedure for me to legally stay in US while H1B pending from J1.

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. James A. Bach
    3. J Charles Ferrari
    3 lawyer answers

    I would also question your understanding that you can legally stay in the U.S. until the H-1B start date of October 1. There is no "gap cap" protection for those in J-1 status as there is for students in F-1 status (see http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7f1a046c43360210VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD). There may be a way to remain in the U.S. until October 1 (when you will be able to...

  4. W2 and Form 1099 from two H1-B employers.

    Answered over 2 years ago.

    1. Sean James Gavin
    2. James A. Bach
    2 lawyer answers

    H-1B status requires employment, and it is a violation of your H-1B status if you work as an independent contractor. Also, your employer (Company A) would be in violation of its Labor Condition Application (LCA) obligations if it does not pay you on a regular payroll (and can be penalized by the Wage and Hour Division of the Dept. of Labor). You can work for two employers at the same time, as long as you have an approved H-1B petition for each (or have an AC21 right to work), and are an...

  5. Can I apply for AOS [I485] from previous employer?

    Answered over 2 years ago.

    1. Robert West
    2. James A. Bach
    3. Jason Todd Lorenzon
    3 lawyer answers

    Both you and the old employer must have a good faith intent to resume the employment indefinitely (and not just to get your green card). That intent may be determined by circumstantial evidence. For example, if you returned to the employment now, and then quit as soon as you received your green card, the USCIS might conclude that the employment was not in good faith.

  6. As a green card holder, what form should I fill out (I-130 or I-485) if my children are already in U.S legally?

    Answered over 3 years ago.

    1. Seeta Lakshmi Nangia
    2. James A. Bach
    3. Andre R. Olivie
    3 lawyer answers

    Your question cannot be answered properly without more information. How did you get your green card? How are your children in the U.S. legally? For example, if you obtained your green card through marriage to a U.S. citizen, the child under 21 may be immediately eligible for a green card, as long as the marriage took place before he or she was 18 years old. Please call my office if you would like to discuss further.

  7. In the green card process, will I-797 (work permits) reviewed/ inquired OR H1B is not linked to the whole green card process

    Answered over 2 years ago.

    1. J Charles Ferrari
    2. James A. Bach
    3. C. C. Abbott
    3 lawyer answers

    After the I-140 is approved, and your "priority date" is current, the USCIS will consider your application for adjustment of status (I-485) (or, the Department of State will consider your application for an immigrant visa at a U.S. Embassy or Consulate abroad). During this final process in obtaining your green card, the government will determine whether you are "inadmissible". You may be inadmissible if you have committed a crime, or made a misrepresentation to obtain a visa, entry into the U....

    1 person marked this answer as helpful

  8. I-140 was valid or "approvable" at the time it was filed

    Answered over 3 years ago.

    1. James A. Bach
    1 lawyer answer

    "Approvable when filed" normally refers to an I-140, I-130 or labor certification that is filed on or before April 30, 2001. That was the effective date of INA 245(i), a law that provides that valid petitions filed on or before that date will enable the applicant to apply for adjustment of status (i.e., apply for a green card in the U.S.) even though the applicant entered the U.S. illegally, worked without authorization, or overstayed the time permitted under the visa. Once an I-140 is...

    1 person marked this answer as helpful

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