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Kevin Lederman

Kevin Lederman’s Answers

12 total


  • Hello, Can full time H1B employee do part time employment with other company for 18-20 hours a week?

    What is the paperwork needed?

    Kevin’s Answer

    There is no problem working for multiple employers in H-1B status. However, each employer must file an independent H-1B petition for "concurrent" employment on behalf of the foreign-national.

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  • I have joint insurance, pension,lease credit cards, and assest, is this enough evidence for i751

    I am a U.S. Citizen and my spouse which he gain his green card by marrying me, he has a two year residence, we have joint accounts, credit cards, insurance, pension, and lease is this enough evidence for filing the i751 petition?

    Kevin’s Answer

    There really is no bright line test for what is "enough." The more the better, but quality does count over quantity. Evidence of a joint residence (lease, deed, joint-renter's insurance, mortgage statements, joint utilities), and evidence of a commingling of your finances (joint bank/brokerage accounts, joint tax returns, etc) are all important. I agree that adding photos of the two of you together througout the course of your relationship would be helpful.

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  • EAD RENEWAL FEE QUESTION

    I have filed my I - 485 in December 2011, and received my EAD on feb 2012 and which will expire in February 2013. I plan to file for renewal now. Do I have to pay $380 renewal fee or since I filed my I-485 after 2007 it is free? Thanks!

    Kevin’s Answer

    • Selected as best answer

    If you paid $1070 filing fee for your I-485 and filed your I-765 concurrently with your I-485, then you do not need to pay the filing fee to renew your EAD. You should file the I-765 between 120 and 90 days prior to the expiration of your current EAD.

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  • How can I file a waiver so I can adjust in the US based on DV lottery if I am not in any proceedings?

    Came to US on B2 then H1 then B2 now 5 years over stay due to medical issues and US based treatment

    Kevin’s Answer

    If you qualify to Adjust status in the United States under Section 245(i), then you won't need a waiver.
    You need to explore whether any Labor Certification application or petition (family or employment-based) filed on your behalf prior to 4/30/01.

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  • Immigration Interview I 130/ Marriage

    I had my Immigration interview and they asked for more evidences requesting a letter from my wife who is an American Citizen and from our friends and friends. Do you know how many Letters from friends and family someone is supposed to send to the ...

    Kevin’s Answer

    There is no standard. The more the better, but I certainly agree that quality should be the focus rather than quantity. You should also consider other types of evidence to show both a joint residence and a comingling of your lives, financial and otherwise. Joint lease, joint renter's insurance, deed for jointly owned property, joint bank accounts/credit cards/brokerage accounts/tax returns, joint title to vehicle, joint car insurance, joint medical insurance, wills/life insurance naming each other as beneficiaries, joint utility accounts, etc.

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  • Can a TN holder work remotely from home office?

    This might be a tricky situation - I'm a Canadian citizen currently working in the US on an H1B in the software sector. Recently, a buddy of mine started his own company and offered me a job with a large ownership stake (20%). The company has rais...

    Kevin’s Answer

    • Selected as best answer

    I see no problem in working on a TN remotely from a home office located in a different location that the corp. home office as long as you are working for the company that supported the TN and are working in a profession listed on the NAFTA schedule. What is not clear from your email is whether you intend giving up your current H-1B employment. You need to be sure to understand that you cannot hold H-1B status and TN status at the same time. If you are going to want to work for both employers you need a second H-1B.

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  • H1B transfer while in India on vacation.

    Hi, Currently I am on H1B in US with visa expired on passport and planning to go on vacation to India soon. when I am in India if I want to change employer on H1b (transfer current H1B to another amployer), is it possible. any pros and cons with...

    Kevin’s Answer

    • Selected as best answer

    Yes, it is possible. The new employer will need to file a new H-1B petition on your behalf. Unless you are planning on spending several months in India, the petition will need to be filed Premium Processing. Once the new petition is approved, you will need to present the new approval notice at a consulate in India in order to obtain a new H-1B visa to return to the U.S. The only potential downside of doing this while abroad is if the petition does not get approved and you have quit your current position, you will be stuck outside of the U.S.

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  • L2 I94 Extension based on L1B I94 date

    My L1B Visa Expiry date is 4th June, But my I-94 is valid till 1st Aug 2013, But When my wife travelled later she got the I-94 as the Visa expiry date i.e 4th June, 2011. If so, can we apply for my wife’s I-94 extension based on my I-94 ? If not,...

    Kevin’s Answer

    You can, but there might be a less expensive and quicker fix. You need to examine why she was admitted through the validity of her visa rather than through the validity of the underlying L petition - could be an expiring passport or could be government error. If it was an error made at the port-of-entry, then you can get this fixed through a Deferred Inspection.

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  • First time H1B Stamping in Vancouver,Canada - Did Bachelors in Home Country itself!

    Came to US on L1 (already was stamped in home country), and got H1 On Sep 2008 and never been to stamping on H1...Can I go to Vancouver for stamping or am I supposed to go to my home country itself for the first time on H1. Is this a rule to go t...

    Kevin’s Answer

    The consulate in Vancouver has discretion to process your case as a Third-Country National (TCN) application. However, in liaison meetings with our bar they have expressed a reluctance to process TCN applications for first time visas, especially in the case of an H-1B where the education is not US or Canadian. So, although it is not a set rule that you process in your home country, there may be a reluctance to process in Vancouver and you may be told to go home to do it. You should also be aware (depending on what type of work you do), of the likelihood of additional security clearance requirements that can delay the issuance of the visa.

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  • I married my wife while my petition for employment-based permanent residency petition was pending. How can she join me?

    I married my wife while my petition for employment-based permanent residency petition was pending. Do I have to file a petition before she can come to the United States to join me?

    Kevin’s Answer

    You do not need to file a petition on her behalf. Because you were married prior to the approval of your I-485, she is eligible for permanent resident status as your dependent. If you have maintained your underlying nonimmigrant status while your I-485 has been pending, she can simply apply for a dependent nonimmigrant visa. If you have allowed your nonimmigrant status to lapse, you will have to ask your employer to petition for your nonimmigrant status again. Once you have valid H-1 or L-1 status, she will be eligible for dependent H-4 or L-2 status.

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