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F. J. Capriotti

F. Capriotti’s Answers

29,843 total


  • L1B denial chances after having valid H1B.

    Completed 4 yrs 9 months in L1B and left the US on Sept 30, 2013. Employer filed my first H1B in April 2014 for the residual 15 months and it got approved. I have not yet travelled in this H1B. Meanwhile, my employer wants to file a L1B as the rol...

    F.’s Answer

    I think that getting the L and viewing the H as having been abandoned because you didn't activate is, is a good topic of discussion for you and the attorney to have.

    Do NOT discuss this with NON-ATTORNEYS in HR.,

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  • I am trying to find out the process to apply for my children's grandmother a visitors visa/passport from Guatamala to the US

    My twins are 3 and are both disabled. Their father has been here for 11 years but is not legal. I have heard of hardships and stuff but have no idea what it means or if it applies to me. If anyone has the answers on how to start this process I sur...

    F.’s Answer

    I'm sorry. But, the chances of getting her a tourist visa are close to zero.

    You can try, but don't be surprised if she is denied.

    PS Has your husband talked to an attorney to see if he qualifies for any special programs that are available to Guatemalans?

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  • Form I-130, Part C Question 16, sponsoring immediate relative who left under Voluntary Departure, which selection to check?

    During his hearing at removal proceedings, relative was given a review order of the immigration judge where he was granted VD, he subsequently received a checkout letter from dept. of homeland sec. He left prior to the date on the VD, and five yea...

    F.’s Answer

    You should consider seeking legal/professional guidance now ... not later. Many of us use Skype.

    It appears that, yes, he was in removal proceedings. Yes, where is where the court was and the date would be the date of the Judge's order granting VD. You should also attach copies of appropriate documents.

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  • Can I apply for GC right away?

    Hi, I have received an approval for my I 129 (H1B petition) following my OPT this year and was wondering if I could apply for a green card to obtain permanent residence on my own. I have graudated out of institutiions of repute in India and US. I ...

    F.’s Answer

    Talk in private to an attorney (many of us use Skype) a patent and multiple degrees doesn't necessarily qualify someone for a NIW ... nor an EB-1.

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  • I-140 Approved, 1 month left on H1 B , Can i apply in regular processing & continue to work will H1 Petition is pending?

    I have my 1-140 approved, only 1 month left on H1-B Can i apply for extension beyond 6 years in regular processing & still continue to work if the H1-B petition is pending ? or is it mandatory get the approval to continue to work in which case ...

    F.’s Answer

    Short answers:

    No, you can't apply.
    Yes, the company's lawyer can apply with you as the beneficiary of their papers.
    Yes, once the company applies, their lawyer will tell you that there is an automatic 240 day extension of the work authorization.

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  • My spouse priority date is 5/25/2014 and we have received a letter from NVC to submit all the required documents.

    How long will the process take if we submit all the documents as soon as we can? My spouse is in America on visit visa. is their anything we can do to adjust his status?

    F.’s Answer

    If his classification is F-2A ... the priority date isn't current yet.

    Consider a Skype consultation with an attorney.

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  • Unable to pay IV fees online. NVC operator advises to mail the fee to po box and send documents to the NVC.

    paid AOS, received, IV invoice. Will mail cashiers check and after a week send documents with photocopy of check.. there has been several weeks delay due to nvc site down already. Will mailing fees cause further delay? They did ask to wait for DS2...

    F.’s Answer

    Why are you unable to do this? Won't it take your bank routing information?

    One option is to do what the operator told you. Another, is to be patient and try again after Memorial Day ... giving them time to re-boot their computers.

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  • Can she still get a visa?

    she was deported las month. Can she petition for a temporary visa?

    F.’s Answer

    All anyone can say, without knowing why she was deported, is ... maybe.

    Consider a Skype consultation with an attorney.

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  • F1 Reinstatement Processing Time?

    Hello my name is Muhammad Hassan and i recently fell out of f1 status couple months ago. I am filing for reinstatement as soon as possible. I have heard that recently reinstatement processing timings are taking longer then average. I just wanted t...

    F.’s Answer

    I agree with my colleague. Depending on the facts of your case 3-5 months is semi-normal.

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  • I am currently on OPT and it expires on August 2015. Can i apply or extend my under the immirgration relief measure for Nepali.

    I am currently on OPT and it expires on August 2015. My opt does not fall under stem extension. Can i apply or extend my OPT under the immirgration relief measure for Nepali nationals? Or do i have to be a STEM major student in order to apply for ...

    F.’s Answer

    I'm not sure, but don't believe this will work ... unless you re-register for school and apply for it as a CURRENT student with an economic hardship.

    Talk to your foreign student adviser.

    http://www.uscis.gov/news/alerts/immigration-relief-measures-nepali-nationals

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