James A. Bach’s Answers
James has answered 48 questions
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US Green Card EB1 Category - International Manager
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...
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At what point would US immigration allow F-1 student's marriage allowable?
I don't see that as a desparate act, but a wonderful move to move your life forward. I assume your boyfriend is a U.S. citizen. The USCIS will look at whether it is a real relationship, and whether...
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I am called for an AOS interview. I may be out of status. please see the details below
It might be that simple, but few attorneys would venture such an opinion on this site. That is because, despite all disclaimers, you could blame the attorney if the opinion turned out to be wrong,...
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Marriage after working illegally
The unauthorized employment is not a problem, but you could have a problem if there was a misrepresentation to gain entry into the U.S. See my article, "A Lie Can Exclude You From the U.S. Forever",...
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Will I be forced out of the country when I apply for green card/residency?
The USCIS recently confirmed that it will implement its new program to adjudicate waivers of inadmissibility in circumstances such as yours by the end of the year. Generally, the requirements of...
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My H1B petition is pending and I received an RFE. Am I eligible to file a new H1B with a different employer, cap is full?
I agree that the LCA cannot be corrected, and that you are not counted against the cap. There is probably not much you can do, but it would be a good idea to have another attorney review the entire...
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If a permanent resident petitions for citizenship, can she leave the country while the petition is pending?
She is required to "reside continuously" in the U.S. from the date the naturalization application is filed until she becomes a U.S. citizen. However, continuous residence does not mean that she must...
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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
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...
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N-470 and preserving continuous residence
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...
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My lawyer did not hit the send button on green card application for employee
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...
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