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F. J. Capriotti III

F. Capriotti’s Answers

32,131 total


  • Undocumented woman has 2 U.S. Citizen kids with U.S. citizen partner of 14 years to whom she never married.

    He is abusive mentally and emotionally and she wants to see if there was a way she can leave him and still remain in the U.S. With her kids

    F.’s Answer

    How soon will one of these children become 21?

    Make sure she is safe ... find her a woman's shelter if necessary ... and/or call the police if he 'touches' her with violence.

    Find a non-profit for her to get immigration counseling.

    See question 
  • Does the job description on Labor Certification for GC need to match Labor Application for H1B regarding job roles/duties

    And what if the job duties change during the course of the Green card process?

    F.’s Answer

    No, the PERM and H descriptions don't need to match ... but often do.

    Why do you ask?

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  • H1B Visa extensions and timelines related.

    I was on my 6th year of H1B (6 year ending in OCT 2015 ), My GC labor was pending, on that pretext My company filed for a 1 yr extension of my H1B and they also recaptured days I was outside US. Hence I got till Oct 2016+2 mnths extra for the time...

    F.’s Answer

    At best, you may have a few months available under the old H and you haven't been out of the US long enough to do a re-start of the H.

    Have a Skype consultation with an attorney.

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  • License suspended for 3 months in 2014. Impact of H1B Visa stamping in india?

    Hi, My drivers License was suspended for 3 months in 2014. I would like to know if there will be any Impact on my H1B Visa stamping in india?

    F.’s Answer

    You forgot to tell us why your license was suspended.

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  • How to become a resident of California to file a Divorce in California (I am a F1 student and H1B is selected) ?

    I am an Indian citizen. I am a student in New York since June 2013 (F1 Visa). I worked and stayed during my Internship (CPT) from May 2014 to Aug 2014 in CA. I went back to New York for studies, and now I am back working on OPT (F1) Visa and st...

    F.’s Answer

    I agree with my colleagues ... immigration 'residence' is not the same as California 'residence'

    Don't listen to 'friends' ... talk to a CA divorce attorney.

    See question 
  • Can a physician file for green card under NIW, AFTER completing required 5 yr service in an underserved area?

    I (Indian National) have just completed 5 yr service in primary care in an underserved area. Would like to know if it's possible to file for a green card under EB-2 NIW now. If it is, is the process any different from if I had applied at the begin...

    F.’s Answer

    Sorry .... that is not enough information. Such as ... what visa classifications have you held during the past 5+ years.

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  • Unpaid/Volunteer work in a school lab on OPT

    I received RFE on STEM Extension and they requested my employment history. I had 2 jobs on initial OPT, one was working as unpaid/volunteer intern in a school lab and the other one is a current job which is paid and E-verified. I already obtained ...

    F.’s Answer

    You should be OK .... if your foreign student officer agrees. ... Have you talked to him/her?

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  • Is it Possible to convert B1 &B2 visa in to legal permanent resident visa?

    The parents are here in usa for there daughter pregnancy delivery matter. The daughter having medical issue and she cannot handle baby single hand. She need her parents help. The daughter having 10 years green card. she has enough sponsorship inco...

    F.’s Answer

    Since the daughter is not a US citizen (which she could have done 5+ years ago) there is no good news that can be given.

    Sorry.

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  • I am in my 6th year of H1b, filed for I140 and got an RFE. Can I get 7th year extension?

    Here is my scenario: I am in my 6th year of H1b. My PERM was filed more than 365 days before H1B expiry and has been approved. I filed for I140 and got an RFE. My Wife is on H1b and her H1b will expire in Jan. Her PERM has been fil...

    F.’s Answer

    It appears that your conversation with the company attorney will result in good news.

    Stay away from those NON-ATTORNEYS in HR.

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  • How is the green card process different when spouses are together vs. apart?

    My US citizen wife lives with me overseas, we got married here overseas years ago. She got some interest from a few US companies and is planning to return home to the US and have me join her there. I have a US visitor's visa. 1. Should we start fi...

    F.’s Answer

    Yes, it does make a difference and sometimes it is more complicated ... the issue of 'domicile' in regards to the I-864 can be difficult.

    Talk to an attorney via Skype to learn the best option for you .. no two cases are ever identical.

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