Skip to main content
F. J. Capriotti

F. Capriotti’s Answers

30,922 total


  • Immigration

    Can I do a part time job, as well as have a full time job related to my opt

    F.’s Answer

    Talk to your DSO for clarification on what you can and can't do.

    Most likely he/she will agree that it is OK to have two 'related' jobs.

    Don't forget to get some sleep.

    See question 
  • I want to go back to india? Please advice me how do i do it?

    I came to usa in 2007 and over stayed on expired visa. My passport just expired last month. I want to go back to India next year. Please advice me How Do I go back? Do I just write to homeland security or higher a lawyer who can help me to process...

    F.’s Answer

    You don't need any papers from Homeland Security to leave ... just a plane ticket. Keep the ticket and boarding pass as proof of when you left ... so that the 10 year bar can be correctly calculated.

    As for your passport, talk to the closest Indian Consulate, probably in San Francisco: http://www.cgisf.org/

    See question 
  • I need help from an immigration attorney. Anyone do free consultation?

    I'm looking for legal help to get my fiancé to reenter the United States. He's been reported for almost a year

    F.’s Answer

    It is very difficult for any of us to do a free consultation when someone has been deported ... there are far too many papers that we'd need to look at.

    Some non-profits may give free consultations.

    If you are low income go here: www.justice.gov/eoir/probono/states.htm or http://www.immigrationlawhelp.org/

    See question 
  • I heard that asylum cases in NY are called with the new ones first and the old ones later. Is that true?

    I applied for asylum two months ago and my lawyer told me that they are hearing the new ones first and the old ones next so it is likely I get called up within the next two months. Yet when I checked online the older cases were heard first. Wh...

    F.’s Answer

    Listen to your attorney. I have heard the same thing about more than just the NY office.

    Don't waste time checking status online ... the system is inaccurate more than accurate. This is partly because they are not tracking individual cases ... merely 'averages'.

    See question 
  • Stamp I -551 in passport for 2-year greencard

    Hi, I need your advice. I was scheduled for an interview for greencard on the basis of marriage to the U.S. Citizen. The interview is scheduled for August 5 ( though I thought it's gonna be earlier). My best friend is getting married in Moscow, Au...

    F.’s Answer

    Do you have an AP/EAD, or only an EAD?

    If it is an AP/EAD, did you read the 'we won't guarantee re-entry into the US' warning that was enclosed in the envelope with the card?

    Were you in 100% legal status on the day when you filed for the greencard?

    You might want to have a consultation with an attorney to see if he/she can identify any potential for denial/delay.

    Do not buy a plane ticket without talking to an attorney.

    See question 
  • How to check processing times on USCIS ELIS (IOE Receipts)

    Any ideas? I've applied for a replacement Green Card online because of a name change. What is the estimated processing time?

    F.’s Answer

    Processing times can be found here: www.uscis.gov

    Don't use the ELIS system, it is always breaking down .. paper is the best way to go.

    See question 
  • Exactly how likely is it for a visa overstayer(20 years) to get a greencard by marrying a soldier?

    There is a filipino girl trying to marry my brother. She has tried to get married before and failed. The girl is over 10 years younger than my divorced brother. I think she is trying to marry him to get the greencard.

    F.’s Answer

    If you think she is trying to marry him for only a greencard ... try to convince him to re-think the marriage ... perhaps you can talk him into a long engagement ... once she realizes that she won't be getting a fast greencard, she might give up interest.

    See question 
  • How to renew a green card and not get deported if a person is convicted for Misdemeanor A in DV with a 20 months probation ?

    My husband is convicted for domestic violence in Texas for 20 months probation which is equal to 350 days jail time in his record. He is on green card and was convicted for DUI in 2011. Is there any chance for him to get renewal of his green card ...

    F.’s Answer

    You are correct in being concerned .. a DV conviction is almost impossible to overcome.

    Unfortunately, the wife/kids can actually hurt his case, depending on the facts of the DV conviction.

    Talk to an attorney in private.

    See question 
  • Options for L1B CP to H1B with least amount of employment gap for spouse who . is on L2-EAD. I already have approved I-140.

    I am on L1B with H1B Consular processing with approved I-140. My wife works using L2 EAD. Trying to see how to avoid or minimize job discontinuity as much as possible. Concurrent filling L1B CP to H1B I-129 amendment Premium processing wi...

    F.’s Answer

    Unfortunately, there will be a gap with your spouse's switch from L-2/EAD to H-4/EAD ... it can't be avoided, nor made short.

    Using an attorney and NOT a NON-ATTORNEY in HR is essential for this case.

    See question 
  • Reg L1B to H1B Migration

    I am in US working with company A on L1 visa, I have approved H1B petition from Employer B. Please note that L1B and H1B are processed simultaneously and H1B Approved after that L1B got stamped, came to US on the same L1B with my current Co...

    F.’s Answer

    Your facts are a bit confusing.

    Have you talked to the immigration attorney at company A who did the H papers?

    Talk to him/her directly and NOT a NON-ATTORNEY in HR.

    See question