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James A. Bach
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James Bach’s Answers

48 total


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

    I don't have an I -94 but I was visiting the la area?

    James’s Answer

    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.

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  • H1B Petition was approved in Oct '12 for 3 Yr. outside USA and never used/Stamped but came to US on F1 visa. What option I have.

    H1B Petition was approved in October 2012 for 3 years outside USA and never used/Stamped but came to USA on f1 student visa in Dec 2012 for higher studies. Can I use old control number WAC # for file new H1B petition with another employer? Will my...

    James’s Answer

    • Selected as best answer

    I disagree with both of my colleagues. You have been counted against the H-1B quota, and therefore are cap-exempt.

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  • My H1B stamp on my passport is still valid although I already moved back to my home country. Question is: can I use H1B visa for

    My H1B stamp on my passport is still valid although I already moved back to my home country. Question is: can I use H1B visa for coming back to the country for closing my bank account and selling my car? It's been 3 months since I quit my US job a...

    James’s Answer

    You cannot use your H-1B visa for that purpose. Instead you should travel to the US as a visitor (using a B-2 visa or the Visa Waiver Program [ESTA]). Probably, the employer has already cancelled the H-1B visa. One possible outcome of using the H-1B visa is that you could be subject to "Expedited Removal" and barred from the US for five years. Even worse, if the immigration inspectors believe you have told them a lie (that you are still working for the H-1B employer) you could be barred from the US forever.

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  • US Green Card EB1 Category - International Manager

    For Organization A H1B Petition filed, approved and stamped in 2007. Manager in India for more than 1 year before traveling to US Travel to US in 2008 for 6 months as a Manager on H1B Travel back to US from 2009 to Dec 2011 as a Manager on H1B...

    James’s Answer

    • Selected as best answer

    EB-1 eligibility depends on work in a managerial or executive capacity outside of the US for at least one year in the three years preceding your entry into the US in a nonimmigrant status. That nonimmigrant status does not have to be L-1 status. It appears that you meet the essential requirements, but success will depend on the exact circumstances of your employment, including the nature of your managerial duties. A question in my mind, and probably that of the immigration examiner as well, is whether there is a good faith intention by you and Organization A for you to work for Organization A indefinitely in a managerial capacity. This question is raised by the fact that you are not working for Organization A now. It might be a good idea to work in that role for some time before filing the EB-1 petition, to address that potential concern. You and the employer should seek more targeted counsel from an immigration attorney, and not rely on the cusory conclusions in this forum.

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

    My sister's husband worked in US for 6 months and his company has filed L1 petition for him but she has a permanent ban on entering US, they want to know what should he inform the immigration regarding his spouse details and will her issue make a...

    James’s Answer

    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.

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

    I'm in my 8th year of H1 and have 2 years of visa validity with my current employer. I have an I-140 approved from a previous employer. But my current employer is yet to start my green card process. 1. Can I change jobs and apply for a H1 transf...

    James’s Answer

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

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

    I'm trying to file my i-485 but i lost my i-94

    James’s Answer

    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. Even in that case, a photocopy of the I-94 (if you kept one) probably would be sufficient.

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  • I was working with Employer A on L1B for 5.5 years out of which 2.5 years in offshore (India) and 3 years in USA.

    Then I joined Employer B on H1B in USA. If I joined back again Employer A on H1B in USA. Can I file my GC with Employer A on EB1?

    James’s Answer

    Only if you were a manager for at least one year during your employment with Company A in India.

    Your ability to apply for EB-1 does not depend on your nonimmigrant status: H-1B is just as good as L-1B. However, the H-1B and L-1B petitions might be reviewed by USCIS to determine whether you are eligible. If those petitions described a technical role, the USCIS might conclude that you did not have a managerial role in India, nor a managerial role now.

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  • Can I change from F-1 to O-1 while in the U.S. despite not fulfilling 212(e) from my past J-1 visa?

    My F-1 status just needed. I have now 30 days of unlawful presence. I would like to apply for O-1 while in the U.S. ? If not, outside of U.S.?

    James’s Answer

    The answer is "no". There is a rule, 8 CFR 248.2(a)(4), that precludes those subject to the 2-year return requirement from changing status. You can, however, apply for the O-1 visa at a consulate abroad, and then return.

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  • Can i and how do i get an r1 extension? is it possible? or can i apply for greencard?

    i have an r1 visa from apr 2008 until april 2013. i am out of the usa right now. i want to return in march 2013 to continue missionary work. but i must leave before the r1 expires on april 27th 2013, is that right? how can i renew the religious vi...

    James’s Answer

    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.

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