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F. J. Capriotti III

F. Capriotti’s Answers

32,212 total


  • Can my Green Card holder parents file for my adjustment of status while visiting them ? I am single I am 30 Yrs

    If yes what are the condition for them to file What all documents and forms they/me need to submit ?

    F.’s Answer

    • Selected as best answer

    Yes, they can start the sponsorship for the Family Sponsored 2B category.

    Once filed, there is approximately a 7 year wait.

    NO, you can not remain in the US during the 7 year waiting period, unless you find a better visa than a B-2 tourist ... such as, perhaps an F or H.

    Talk to an attorney in private via Skype.

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  • Question related to recapturing "Unused time on H1B" after leaving US for more than 4 years.

    I was on H1B from Feb 2006 to April 2010. Left US and then came in Sept 2014 on L1. Since then I am on L1. Now my company is laying off employees and so I wanted to switch to H1 status. I also have I140 approved from 2008. It is n...

    F.’s Answer

    • Selected as best answer

    Sorry, it has been over 5 years since you were on H and is 3 years beyond the 'normal' time period, which ended February 2012.

    Although some recapture may have been possible in 2013, and perhaps in 2014, I don't see immigration approving the H recapture.

    PLUS, the time you spent in the US on L-01 must be added to the 4 years and 2 months used on the H ... making a total of 5 years 1 month ... thus, the most that could be recaptured would be around 11 months.

    And, because you didn't remain on H, the 3 year extension isn't an option either.

    Sorry.

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  • I applied for OPT after receiving my Ph.D. My application is pending after 102 days. What can I do?

    Online the application appears as "Case Was Received" since May 19th. I changed my address and updated my address online. I received a receipt for the change of address in July 21st. I have filled an inquiry request, the response noted that a deci...

    F.’s Answer

    What did your foreign student officer say when you talked to him/her?

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  • Am I subject to the H1b cap?

    I have MS degree from USA in 2003. I have got H1B in Oct 2004. I worked till Dec 2005 and came back to my home country. H1B has a validity of 6 years. I used my H1b for 1 year. Now after almost 10 years, is my H1B still valid to be availed without...

    F.’s Answer

    Those papers nave no validity any more.

    A new cap-subject petition will need to be filed.

    See question 
  • Hi, If I stayed more than 6 moths outside the USA,dose the immigration takes into account medical reports? thanks

    or i am considered that i broke my residency

    F.’s Answer

    If it was for less than 1 year, you should be OK Hurry back.

    Unless it was a medical emergency while you were on vacation outside of the US, they may not look to favorably on you deciding to get medical care outside of your home here in the US.

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  • Do we have to wait for 30 days to request duplicate H1B- I797 approval copy?

    I changed my employer. On Aug 10th, my H1B case was approved with the new employer. On the approval email sent to my lawyer we found a typo on my name. My Company called the USCIS on 11th and they correct and sent an Amended approval Notice on 17...

    F.’s Answer

    Keep in mind that it is not 'your' H .. .it belongs to the company that paid for and filed the papers.

    Talk to the company's lawyer ... it can take more than 2 weeks sometime ... he/she is the best person to make decisions ab out follow-up communication with CIS.

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  • Extension H1b approval petition transfer while outsude US

    Hi, I had applied for my H1 visa extension in Jan 2014 and I got my I797 approved in Feb 2014. After that I travelled to India in May 2014. I do not hold a stamped visa currently but have approved I797 extension valid till Jan 2017. If I switch t...

    F.’s Answer

    Are you saying that you haven't been in the US for more than 1 year?

    In any case B can apply ... but it is not a transfer, it will be a new cap-exempt petition.

    Talk to their lawyer and NOT a NON-ATTORNEY in HR.

    Also, stay away from job shops that want to send you to client work sites.

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  • Can my spouse on L2 EAD continue to work on EAD card if I (Primary L1A holder) decide to go back to India?

    Primary Applicant L1A Valid till Sep 2017 Dependent on L2 Visa valid till Sep 2017 L2 EAD - valid till May 2017

    F.’s Answer

    Not only can the L-1 NOT WORK, their L-2 also becomes invalid and they must leave the US at the same time as the L-1 leaves their employment.

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  • Hello, I was in US for 4.4 years (FEB'11 - MAY'15) on L1B. Can I apply new L1b in India again by SEP'15 ?

    Hello, I was in US for 4.4 years (FEB'11 - MAY'15) on L1B. My visa expired on feb 2014, but was having valid I94 (till Dec 2015). Due to personal emergency I travelled back India on May 2015. Now my employer is looking to file my L1B again. Is it ...

    F.’s Answer

    Are you talking to a NON_ATTORNEY when you say 'my employer'?

    I strongly recommend you insist on talking to a US licensed attorney.

    If they file right now, you'll only get .6 years more work on the L-1B ... unless the start date is set for AFTER May 2016.

    Talk to a US-licensed attorney and stay away from NON-ATTORNEY 'immigration teams/specialists.'

    Also, do not take an L-1B position in which the employer is planning to send you to a client site ... that type of 'employment' has come under heavy scrutiny by CIS and many applications are now being denied.

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