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F. J. Capriotti III

F. Capriotti’s Answers

32,168 total


  • H1B applying from foreign country

    H1B rejected in 2005, now i got 10 years expierence , with master degree. i am moving UK on work permit , legally going to work their in the same technology after one year , if i apply for H1B from UK. What is chance of getting visa approve?

    F.’s Answer

    You can not file for an H-1B ... only an employer can file the papers to start an H-1B ... find a job and ask their lawyer to help with the papers.

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  • I have applied for I131 on 6th Aug 2015 I need to fly out by 1st Sept due to my father not feeling well

    I applied on 6th Aug have receive the fee receipt but no biometric appt. I am desperate need to leave by 1st Sept can I go to local Uscis office with my receipt and a letter from doctor to expedite the process. Or I have to wait for biometric app...

    F.’s Answer

    Are you planning on enrolling your children in school in a foreign country? If they have greencards, this is not a good idea.

    You should talk to an attorney before getting on a plane.

    And, yes, as my colleagues pointed out ... if you can prove that your father is in the hospital, that it is a true emergency, and that there is no one else who can care for your father, you might be successful with an infopass appointment.

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  • Can I contact immigration court to set my court date?

    I’ve applied for an asylum with my husband in August 2014, his father and two more brothers applied too, all at the same time with the same situation but we all have separate cases. We went through interview and then received a letter that our cas...

    F.’s Answer

    Your lawyer is right ... there is no way to speed things up.

    No two cases are ever exactly the same ... thus two different family members can get different results.

    Trust your lawyer.

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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

    This is a repeat question. Didn't you like the answers you received before?

    Have you talked to your foreign student adviser? If so, what did he/she say? If not, why not?

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  • How long will it take for my wife and daughter to get their immigrant visa (Green Card) after I have petition for them?

    I just got my green card and I am in the process of filing for them.

    F.’s Answer

    You forgot to tell us how you qualified for a greencard ... that will have an impact on whether they can get their papers in 1 year ... or 3-4 years.

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  • Does immigration gets notified if a green card holder is detained for a major offense in Gretna, LA?

    Forcible rape charge, no bail set, haven't seen courts. Jail since Monday, how does immigration procedure works, and what's the red flags that causes them to take extreme (deportation) measures?

    F.’s Answer

    Yes, it is possible. You need to talk to an immigration and criminal defense attorney immediately.

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  • Having valid L1B visa till August 2017, but I 129S(blanket petetion) has expired on 26th August 2015. Can I reenter US?

    My L1B visa has validity till August 2017, however the approved I 129S has expired recently (26th August 2015) . Currently I am not in USA, can I re-enter USA with the L1B visa on 2016 if my company decides to transfer to their USA office? [In...

    F.’s Answer

    No, you can't travel on an expired I-129S ... talk to the company's attorney, and NOT a NON-ATTORNEY in HR.

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  • 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.

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  • 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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