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F. J. Capriotti III

F. Capriotti’s Answers

31,544 total


  • Do you know if EAD for approved I-140 will issued sometime soon?

    I am on H-1b with i140 approved and priority date will take another 5-7 years for 485 stage. I have been here for 14 years. I would like to know if there is any ruling proposed to issue EADs for approved I-140 candidates. What are the chances USC...

    F.’s Answer

    Sorry, they will not issue an EAD until after the I-485 is filed ... along with the I-765.

    But, that shouldn't be a problem for you ... since you have an H-1B that I assume hasn't expired.

    See question 
  • What will happen if i get divorced after green card? please help!!!

    Hi , I 'm married with U.s Citizen , we got married and i applied for green card , i am still waiting for the response of green card . we did finished interview , but my husband is cheating on me and i don't want to be with him anymore... so wha...

    F.’s Answer

    Do not get divorced until after the card arrives.

    DO have a Skype consultation with an attorney at your earliest convenience.

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  • I owe arrears on child support but want to get my passport, do I have options besides zero balance in California?

    I have asked my ex-husband to close our child support case since I have been paying him on time for the past 4 years and with a promissory note pay him directly. He is not willing to close unless I come up with a substantial amount of money. Do ...

    F.’s Answer

    This is not an immigration question.

    Talk to your family/divorce attorney.

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  • Can I apply for L1B VISA extension, even I am on expired L1B VISA and Valid I94?

    Hi, currently I am on Valid I94 working for same employer. My L1B VISA expired in Sep 2013 and my I94 is valid till Sep 2015. now can I apply for L1B visa extension?

    F.’s Answer

    Yes, the company's lawyer ... not you ... nor a NON-ATTORNEY in HR can file for an extension of the I-94

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  • L2 EAD Extension with Visa Expiry Date

    I'm on L1 and my visa and I-94 expiry date is set to 08-OCT-2015, I have applied for L1 Extension and will take some time to get renewal. My Wife's is on L2 visa, her EAD and I-94 is gets expired on 08-OCT-2015. However my wife's visa expi...

    F.’s Answer

    Why is it going to take time for your renewal? You can use Premium Processing.

    The company's attorney (NOT a NON-ATTORNEY in HR) should be able to coordinate her extension and EAD application with yours.

    Sure, she can probably go home ... not Canada, nor Mexico, and return ... getting a new I-94 date.

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  • Taking a cruise while on OPT and approved H-1B with job on hand.

    I am currently on Post completion OPT(Expires in Jan 2016) and my current employer filed the H-1B which is approved from 2015-2018 which will kicks in from October 2015. I am planning to take a 7 days cruise to Caribbean which includes 7-10 hours ...

    F.’s Answer

    I wouldn't recommend traveling during this period.

    What did the company's immigration attorney (NOT a NON-ATTORNEY in HR) tell you when you asked him/her?

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  • I am an legal resident who in deportation. The judge cancelled deportation. i have my residence card. Do I get a new one?

    I want to know if I have to go to DHS to get a new card. Also, can I apply for citizenship, I have 20 years in the US.

    F.’s Answer

    Your facts are unclear.

    When did you get the greencard?

    When does it expire?

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  • H1-B -I am currently on H1-B and planning to quit my job. My last day will be 8/31. How soon should I leave USA?

    H1-B -I am currently on H1-B and planning to quit my job. My last day will be 8/31. How soon should I leave USA? If i booked my plane tickets for 9/10. stay here for about 10 days after i quit my job ,will that be too risky? thank you.

    F.’s Answer

    Technically you should leave before midnight on 8/31. But, they tend to 'overlook' a minor, say 10, overstay.

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  • With a valid F1 student visa and on a OPT, is it mandatory to have a job to travel outside of US? Any best time to travel?

    OPT begins 17 August 2016 and ends 16 August 2017.

    F.’s Answer

    It is usually NOT a good idea to travel without proof of employment ... and their permission for you to take a brief vacation.

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  • When is the best time?

    I'm a citizen getting married to an American next August, if God permits. I need my brother to walk me down the aisle, He's in Ghana. Want to file a visiting visa for him,but don't know if it's too soon or when is the best time to apply....

    F.’s Answer

    Unless he's firmly established in Ghana ... good job, owns property, has family that won't be traveling with him .. his chances of getting a B-2 are probably quite small.

    He can try now ... the visa is not issued based on your wedding date. Rather, it is based on whether or not they believe he won't be tempted to stay in the US.

    Keep in mind that if you entered on a B-2, or F-1 and are then converting to a greencard based on marriage, this could go 'against' his application for a tourist visa.

    Consider a 3-way Skype consultation with an attorney.

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