Cletus Martin Weber’s Answers

Cletus Martin Weber

Mercer Island Immigration Attorney.

Contributor Level 8
  1. What is the difference between business immigration lawyer and immigration lawyer?

    Answered over 1 year ago.

    1. Stephen D. Berman
    2. Judy A. Goldstein
    3. Laura Mandell
    4. Cletus Martin Weber
    4 lawyer answers

    This is a superb question. With apologies for a somewhat long response, this question is one that U.S. businesses and immigrants alike could save themselves HUGE headaches by paying closer attention to--along with selecting immigration attorneys more carefully, instead of just relying on scores, ads, perceived reputation, etc. (Those indicators can be helpful, too, but it is more important to ask clear and direct questions--some examples discussed below.) Because immigration law itself...

    3 lawyers agreed with this answer

  2. Is I-140 receipt number sufficient for H1-B visa extension by another employer?

    Answered about 3 years ago.

    1. Cletus Martin Weber
    2. J Charles Ferrari
    2 lawyer answers

    Although one would normally send the I-140 approval notice, it is not required. In cases like this, we just enter the receipt number in the online case status checking link on the USCIS website and print out the page showing that the I-140 petition's current status is approved. That has been enough for us to obtain the 3-year extension in cases similar to yours. Although there is some risk that USCIS may ask for a copy of the Company A's I-140 approval notice, I would think it is a small...

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  3. Green card through investment requirement

    Answered over 1 year ago.

    1. Wendy Renee Whitt
    2. Alice Antonovsky
    3. Justin G. Randolph
    4. Mary Carmen Remigio Madrid-Crost
    5. Myron Russell Morales
    6. ···
    8 lawyer answers

    This is a good question, but it is more complex than it seems. I devote a substantial amount of time to EB-5 cases (and to intracompany transferee cases), and based on my experience, I would not assume that EB-5 is even a good approach for you. (It may be, but I would not assume so.) I would recommend first looking very carefully at all other cheaper, easier, and less restrictive options first. I would look at EB-5 only if you can't find something else better. For example, if you are...

    1 lawyer agreed with this answer

  4. Can I start a business in the USA if I'm an international student on F-1 visa?

    Answered over 1 year ago.

    1. Michael Leo Potter
    2. Harry N. Konst
    3. F. J. Capriotti III
    4. Cletus Martin Weber
    4 lawyer answers

    Hi, I love working with entrepreneurs, because America needs people who have the brains and guts to make businesses from scratch--and entrepreneurs create desperately needed jobs for U.S. workers, which helps our country grow and prosper. If you want to stay here and do this, I hope you succeed. The answer to your question, though, really depends on the EXACT details (including size/type of business, ownership, investment, where you were born, where you are currently a citizen if...

    1 lawyer agreed with this answer

  5. Need visa advice: H1B expiring, but I may come back as a student...

    Answered over 4 years ago.

    1. Cletus Martin Weber
    1 lawyer answer

    If you are planning to return to Canada anyway after your six weeks of relaxing in SF, there should be no problem in applying for schools during that time period. There is a question of whether you need to disclose that you will be applying for U.S. graduate schools while you are hanging out in SF, though. It may be okay to apply for schools while you are here in your particular circumstances, because you intend to leave anyway and apply to return in F-1 student status later, but if the...

    1 person marked this answer as helpful

  6. I am an asylee that has applied for naturalization. Will I be able to visit my family back home as a US citizen?

    Answered over 4 years ago.

    1. Cletus Martin Weber
    1 lawyer answer

    As long as your asylum claim was legitimate at the time it was filed, I don't see any reason preventing you from returning to your home country after obtaining your U.s. citizenship. (If you were still in asylee status, returning to your home country could be used against you by arguing that your return shows that country conditions have changed for the better or that you no longer reasonably fear persecution. I say that here even though it does not apply to you because I don't want someone...

    1 person marked this answer as helpful

  7. Can I continue to work?

    Answered over 4 years ago.

    1. Cletus Martin Weber
    1 lawyer answer

    Sorry, but without current OPT or other work authorization (such as H-1B), you will have to wait until your I-765 is approved to start working again. Typically, these work authorizations have been coming back from USCIS in about 2-4 months, so if you filed at the end of 2009, you should hope to receive it sometime in February to April. Some come back earlier or later, but most are in that range. I hope you receive it soon.

    1 person marked this answer as helpful

  8. How much my little child(he is few months now)will help to change my status here in US

    Answered over 4 years ago.

    1. Cletus Martin Weber
    1 lawyer answer

    I do not have detailed answers to your questions, because advising someone in your circumstances requires very careful consideration of your specific circumstances. I can tell you one thing, though: Consult a competent immigration lawyer in your area BEFORE you do anything else. I know a lot of excellent immigration lawyers in Portland, so if you don't know of someone, please email me, and I will forward you some names. Otherwise, look on this website or Google for someone on your own....

  9. Change of status

    Answered over 4 years ago.

    1. Cletus Martin Weber
    1 lawyer answer

    The NO COS/AOS language is a notation that U.S. Customs and Border Protection (CBP) puts on your I-94 to make it more difficult for you to file for nonimmigrant Change of Status (COS) or file for immigrant Adjustment of Status (AOS). I am not positive USCIS will honor it, but the reason CBP gave it to you is that they probably asked you a question, such as, "Do you want to study or work while you are here?" and you answered, "No." In any event, it is what it is. It is not clear when you...

  10. Minimum Qualification required for applying L1A visa

    Answered over 4 years ago.

    1. Cletus Martin Weber
    1 lawyer answer

    There is no direct minimum educational requirement for L-1A. You just need to meet the general L-1A requirements, which are as follows: 1. The company you worked for overseas and the company you will work for in the United States have to have a "qualifying relationship," which generally means parent-subsidiary or affiliate relationship. 2. You generally have to have worked for the overseas company in an executive or managerial capacity for at least one year of the last three years before you...