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Christian Schmidt

Christian Schmidt’s Answers

2,988 total


  • H1B withdrawal letter?

    Hi there, I am an owner/petitioning employer and previously had retained an immigration lawyer to file the H1B application for one of my employees. This H1B employee recently resigned and moved to a new company. Now I want to withdraw his H1B...

    Christian’s Answer

    The petition is filed by the employer who only can withdraw it. You do not have standing.

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  • Can an ex- gay man married a heterosexual wife and file for adjustment of status

    My bother came to the US with a J-1 visa and file for asylum base on his persecution due to his sexual orientation and escape from prison in his home country where he was arrested for being gay. his case was denied by the asylum office because of ...

    Christian’s Answer

    He needs to consult with an immigration attorney for a review of the record. He will have a hard time obtaining a green card through the marriage if statements for his asylum claim will be construed as misrepresentations.

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  • Good morning Lawyers, I have a question regarding job working on H1B. I have valid H1B for next 2 years.

    I have a question regarding job working on H1B. I have valid H1B for next 2 years. if due to some reason, if the person loses job or company trying to send candidate back to home country even candidate has valid H1B. if the candidate does ...

    Christian’s Answer

    You will be without immigration status once your employment terminates and have to leave the U.S.
    A new employer would have to file an H-1B petition on your behalf or you would have to apply for another status before your employment is terminated in order to remain on the U.S.

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  • I had my citizenship denied become I vote during an election( I wasn't aware that I couldn't) in 2008. Can I apply again?

    I have my greencard and I'm a permanent resident until 2018.

    Christian’s Answer

    You should certainly not apply again until you talked to an immigration attorney who had a chance to review the circumstances of you voting.

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  • Retrogress visa

    Nvc retrogress priority date from July this year , what is meant that ? If someone priority date before July and case complete from nvc is it receive appointment interview letter from nvc or not?

    Christian’s Answer

    The consulate cannot approve your application until your priority date is current again. You should receive notification when the consulate will resume processing.

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  • Benched without pay. Is H1 transfer possible ?

    I am benched without pay and last pay stub I have is dated mid October 2014. My H1B visa expiration date is Sept 2017. Is H1 transfer to another company possible now? What option should be selected under basis of classification and requested acti...

    Christian’s Answer

    Your current employer has to continue paying you if benched. Your new employer would request change of employer / extension of status on I-129. If extension request is denied, USCIS would still approve company's petition provided it qualifies for H-1B status and you would have to leave the U.S. and re-enter in order to obtain valid status.

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  • Visa to canada

    If you are considered inadmissible for a visa to the United States, would you also be considered inadmissible to Canada or England? Looking into travel arraignments for a visit

    Christian’s Answer

    One does not necessarily affect the other unless each country bars you from entering on the same grounds.

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  • Marriage to Cuban

    I'm marrying a Cuban that and my boyfriend. he has a permanent green card but is not American citizen. as would be the process to ask for my green card? How long have to wait? have any waiting list? I'm in the United States only 3 months.

    Christian’s Answer

    I agree with attorney Brollesy and would add that you must maintain your status until a visa number becomes available to you so that you can apply for adjustment unless your boyfriend becomes a US citizen.

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  • How does long stay beyond 6 months affect ones ability to come back to us if there is a valid medical reason?

    My grandma who is perm resident has been out of us since 2007 after she had major brain stroke and became paralyzed here. we were unable to take of care of her here and so she is in bangladesh with her family. How does her long stay affect her per...

    Christian’s Answer

    Your grandmother would have to apply for a returning resident (SB-1) visa in order to return as a permanent resident. If she seeks to return on her green card, she will likely be charged with abandoning her green card and be asked to voluntarily relinquish her resident status or be given the opportunity to demonstrate that she maintained her resident status in removal proceedings. You should consult with an immigration attorney since much more information is needed to assess the situation.

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  • Green card through marriage

    Good evening My wife and I had an immigration interview last Friday Witch was on November the 21st Everything went good but , the laidy officer said I'm going to review the case and let you know in two weeks , if we need anything from y...

    Christian’s Answer

    Congratulations, you will receive your green card shortly. Nothing to worry about.

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