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Barbara A Marcouiller
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Barbara Marcouiller’s Answers

1,340 total


  • H1B in CAP-Exempt category

    Hi, I have valid H1B Visa , currently in India, Planning to join another employer, if my current employer revoke/cancel the H1B visa; Can the new employer file H1B in CAP-Exempt category (Since I had H1B) new employer promises to do that, but I...

    Barbara’s Answer

    If you had the H-1B visa and actually worked on it within the past 6 years, you are likely cap exempt, however, I think the reason the first employer may revoke the petition could play into it, especially if there was fraud.

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  • H1b Visa expired, H1b cap exempt calculation

    Hi, My visa history: h1b petition filed : April 1st 2008 (company X) h1b stamped : Nov 3, 2008 (Stamped for 3 years) visa expired : Sep 4, 2011 Never traveled to US during visa period 1) I've not utilized any my 6 years H1b quota,...

    Barbara’s Answer

    The good news is you still have all 6 years of H-1B available to you. The bad news is you are not cap exempt, because you never actually worked for the H1B employer. As my colleague stated, you never "activated" the H1B

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  • Now my case has been assigned to a Immigration Services Officer, how long will it take for him to process my EAD.

    I was on H1 till 08/12/2015. I then applied for a change of status to H4 + EAD. It has been more than 5 months so far and still no approval. I opened a Service Request for my EAD on 1/12/2016 and I received this response - Your petition is current...

    Barbara’s Answer

    Is your spouse still maintaining H-1B status with an I-140 filed?

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  • Do I have to send any information to the asylum office about my newborn baby to update my form I-589 on my pending asylum?

    I sent my form I-589 (asylum application) on January 2015 including only myself and I haven't done the interview yet. On December 2015 I give birth to a baby in Washington State. Do I have to send any information to the asylum office about my baby...

    Barbara’s Answer

    Bring the child's birth certificate along with an extra photocopy of it to the interview. You can update the I589 at that time. When you get the interview notice, you may want to get an attorney to help you update/add evidence to your asylum application, and help you prepare for the interview.

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  • Do I need two separate I-130 forms? Where is the Arrival/Departure Record (I-94) from? Submit I-485 form at the same time?

    My mother and father are both here on a B2 Visa currently staying with me. I am looking to get them permanent residence status.

    Barbara’s Answer

    I encourage you to meet with an attorney at least for a detailed review of your case if not representation on the whole case. There are many details that should be reviewed for you to avoid delays and frustration.

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  • Question about Expediting EAD(I-765/I-131) processing after Biometrics is done?

    I have done my Biometrics this Jan 6th and Application for AOS based on family Based GC was submitted and accepted by USCIS on December 8th 2015. Hence my question is how long EAD processing generally takes? I have applied at Seattle office for A...

    Barbara’s Answer

    By law they have 90 days to process the EAD application, though recently I've gotten two in 60 days. I have succeeded in expediting an EAD under very exceptional circumstances. Your reason will not qualify, I'm sorry to say, but you need to know. Also, if you are anticipating a multiple entry advance parole, you will likely receive a combo EAD/AP card these days, but that will not happen if you need to expedite the AP. There's a lot to it, but the bottom line in your situation is that you will need to wait for the EAD.

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  • Would I need to leave the country or pay any type of fine since I came in the US without an inspection.

    I have no immigration status. My husband is a US citizen we have been married fro 13 years. I entered without inspection I have never been in removal proceedings

    Barbara’s Answer

    If you were a beneficiary of any petition filed before April 30, 2001 (including, say, if you had a US citizen aunt/uncle who petitioned for their sibling (your parent), and you were included as a minor child on that petition), then you could use section 245(i), and adjust status in the U.S. while paying a "fine." If, however, you were not a beneficiary of any petition or labor certification filed prior to April 30, 2001, then you will ultimately need to leave the U.S. to attend an interview abroad. You will also need a waiver of the unlawful presence bar if you qualify. You would benefit from meeting with an experienced immigration attorney to learn how it all works in your specific case.

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  • How long does it take to get the answer once the ticket is raised.

    We are stuck on 2nd RFE on L1B and the attorney has already raised a ticket for the delay in getting response from USCIS. How long does it take to get the answer once the ticket is raised.

    Barbara’s Answer

    It can vary a lot. It seems your attorney knows to follow up and get the ticket opened. I don't know if you chose the attorney or the employer did, but you should let the attorney do the job. You can drive yourself crazy second-guessing everything. Hang in there.

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  • If i change my name during the interview can i attained my ceremony in the same day ? or i have to wait for different ceremony ?

    N400 application is good chance to legally change my name. and im going to send the N 400 very soon and i still don't know the name im going to choose. on the n 400 app when they ask me that do you want to change ur name can i say no and during...

    Barbara’s Answer

    You cannot change your name at interview in Seattle. A legal name change must be done by a judge. Naturalization ceremonies were done by federal judges. However due to the large numbers of people and for administrative efficiency they allowed that task to be delegated to USCIS officials. Seattle has taken advantage of that option. The good side is that they do swearing in ceremonies almost every day, but they can't do name changes. You will need to do it with a court not as part of the N400

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  • Have you had any cases where a person out of status (but on authorized stay) was granted an adjustment of status application?

    N/A

    Barbara’s Answer

    That depends on so many facts! What is the "authorized stay"? Is it TPS, is it that an adjustment is pending? I urge you to meet with an experienced immigration lawyer

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