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Brian Haksoon Lee

Brian Lee’s Answers

247 total


  • H1B 6 years clock reset query, Completed 5 years in US as of June 15th 2013 on L1B. My New H1B is approved for 1 Year from Oct1

    I completed 5 years in US on June 15th 2013 on L1B visa and left US on the same day. My Employer filled for a new H1B in April 2013 while I was in US on L1B and luckily my petition is approved from Oct 1st 2013 till Oct 1st 2014, I haven't gone fo...

    Brian’s Answer

    • Selected as best answer

    I agree with my colleague in that you should ask the employer's attorney. The employer will have to file a petition for new H-1B, not an extension. The 6-year limitation will not apply, but you will be subject to the annual cap, so it may be too late by that time.

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  • I am pregnant with my husband's child, isn't that evidence that our marriage is bona fide?

    My husband and i went to our immigration interview today. We were told that the evidence presented was weak and was not substantial to prove a bona fide marriage. Yesterday, i took a pregnancy test and found out that i am pregnant. I did not me...

    Brian’s Answer

    It appears you will have to wait for the result of your interview and respond to it. Being pregnant is good evidence to prove the bona fide relationship, but it may not be sufficient by itself. If you get a notice for a second interview or NOID, you should definitely hire an immigration attorney. Good luck.

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  • My husband's H1 has been approved, he was on L1. My H1 will start from Oct 1st. Im on L2 right now and employed.

    1. Can he resign immediately? 2. Will this affect my employment?

    Brian’s Answer

    1. Yes if it was a COS petition
    2. Yes since your L-2 will no longer be valid. Your status is dependent on your husband's status.

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  • I am an illegal immigrant and i'm about to marry my boyfriend ,he has a felony in his record.can this affact me when i start to

    file for my legal status?please help

    Brian’s Answer

    As far as his criminal record is concerned, usually it does not affect your application. Nonetheless, you should consult an immigration attorney to see if you are eligible.

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  • How long can I remain in the US and how many more days can I work after my H1B petition was denied?

    I'm on an F1 visa, my OPT expired in June. It was extended because we had an H1B petition pending. We received the denial notice yesterday. How many days do I have to wrap things up at work? When will I have to leave the country?

    Brian’s Answer

    Your authorized stay ends at the time the H-1B petition is denied. You are now accruing your days of unlawful stay, so you should leave immediately.

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  • L1B to H1B Visa Transfer

    I am currently on L1B visa with I-94 validity till Aug-2014 with Company A. I Applied for L1 to H1 Conversion in April 2013 through Company B. H1-B Approved in September 2013 with the same I-94 Number through Company B. Validity of th...

    Brian’s Answer

    Your I-94 for H-1B status has a validity period. The period period was granted based on the H-1B COS petition. From the starting date, you are in H-1B status, so if you work for the company A during that period, then you may be in violation of your status.

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  • Re-entry validity

    I have applied for Re-entry permit to go to india so that I can come back after 1.5 years. But in between I went to canada and bahamas and came back. I was not asked for Re-entry permit at the port of entry both the times. My question 'Is my re-...

    Brian’s Answer

    You should look at your reentry permit and see if it's still valid. It is valid until the expiration date of the reentry permit. If the validity period is not long enough, then you should apply for a new one.

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  • Do I qualify for EB 3 Visa?

    I am in USA and work as a cook. I have overstated my Visa. My employer offered me to apply for EB 3 visa, as I am skilled person, but do not have any diploma or certifications. Do I qualify for EB 3 Visa even I do not have active legal status?

    Brian’s Answer

    I agree with my colleague. It involves three steps: (1) LC/PERM, (2) I-140 employed immigrant petition and (3) application for lawful permanent residence. Your employer can do the first two steps and get approvals if the conditions are met. Because you failed to maintained your lawful status, you will not be able to get an approval in the last step under the current law, so it may not be worthwhile.

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  • Can I stay in the US after I file the I-130 and I-485 under the Visa Waiver Program?

    I am currently in the US under the VWP. I married my girlfriend (a US citizen) and wish to apply for change of residency. This wasn't my original intention but we want to stay together in the states. Once the forms are submitted can I stay in the...

    Brian’s Answer

    I agree with my colleague. You can remain in the US lawfully until your case is adjudicated.

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  • Could a low level felony record bar the daughter from eligibility from her US citizen mother green card petition?

    The daughter came in the US with a tourist visa as a minor, overstayed for over 13 years. Got a record of a felony long time ago. Question is could the naturalized US citizen mother petition green card for her daughter even though her daughter ...

    Brian’s Answer

    • Selected as best answer

    Family based immigration involves two steps. First step is filing a petition, and yes, you can petition for your daughter, and the petition will most likely be approved. But she will have problem with her application for her green card, which is the second step. You should get the official case disposition of her criminal case and consult an immigration attorney to see if she can get her permanent residence.

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