Kevin Lederman’s Answers

Kevin Lederman

Seattle Immigration Attorney.

Contributor Level 7
  1. Can a TN holder work remotely from home office?

    Answered over 2 years ago.

    1. Kevin Lederman
    2. Elizabeth Clare Surin
    3. Neil Ian Fleischer
    4. Reza Athari
    4 lawyer answers

    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...

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  2. H1B transfer while in India on vacation.

    Answered over 3 years ago.

    1. Kevin Lederman
    2. J Charles Ferrari
    2 lawyer answers

    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...

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  3. EAD RENEWAL FEE QUESTION

    Answered almost 2 years ago.

    1. Kevin Lederman
    2. Myron Russell Morales
    3. Gen Kimura
    3 lawyer answers

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

    Answered over 3 years ago.

    1. Carl Michael Shusterman
    2. Kevin Lederman
    3. Juan Paolo Pasia Sarmiento
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  5. Immigration Interview I 130/ Marriage

    Answered almost 2 years ago.

    1. Veronica Tunitsky
    2. Kevin Lederman
    3. Dave Hawkins
    4. Mark Robert Barr
    5. Erika Lynn Roman
    6. ···
    6 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered almost 2 years ago.

    1. Kevin Lederman
    2. Gen Kimura
    2 lawyer answers

    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.

  7. L2 I94 Extension based on L1B I94 date

    Answered over 3 years ago.

    1. Kevin Lederman
    2. Robert Daniel Kelly
    3. J Charles Ferrari
    3 lawyer answers

    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.

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

    Answered over 3 years ago.

    1. Kevin Lederman
    1 lawyer 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...

  9. LPR filed I-130 for spouse on F1. I-130 approved. Priority Date Not current. Can my spouse travel outside US to visit family?

    Answered over 3 years ago.

    1. Kevin Lederman
    2. Nicklaus James Misiti
    2 lawyer answers

    As you are likely aware, entry in F-1 status requires "nonimmigrant intent." Being the beneficiary of an approved I-130 Immigrant petition is in direct conflict with this required nonimmigrant intent. If the government officials are aware of the fact that your husband is the beneficiary of an approved I-130, he may well face difficulty proving his nonimmigrant intent. However, if your husband has a valid F-1 visa stamp in his passport, the issue of the approved I-130 may not come up at the...

  10. How do I apply for extension of my L1B for the time I spent outside of US between start date and end date on my petition?

    Answered over 3 years ago.

    1. Carl Michael Shusterman
    2. Kevin Lederman
    2 lawyer answers

    It is only the time that you are physically in the United States that counts against your 5-year cap. Your employer must file an extension petition prior to your current expiration and can apply for an extension up to two years in length. If this includes time outside of the U.S. that you are attempting to recapture, you will have to provide documentary evidence such as copies of passport exit/entry stamps.