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F. J. Capriotti III

F. Capriotti’s Answers

32,765 total

  • Can I open my own business while I am on O - 1 visa?

    1) I am on O - 1 visa. I would like to know if I may register dba or llc while I'm on it? 2) Can I myself become an agent to a person, while I am on 0-1? meaning, if someone gets work through me, and i take percentage, is it still considered ...

    F.’s Answer

    Can you create a business? Yes.
    Can you work for it? No.
    Can it be used as an agent/sponsor ... usually not ... it is self-employment and CIS frowns on self-employment..
    Depending on how the business is structured, it may, or may not, be ok to take profits from the company.

    See question 
  • LPR gave birth during vacation in Mexico, help!!

    My sister went on vacation to Mexico in April of this year, she was 3 months pregnant and soon after arriving she was put on bed rest because she had complications with her pregnancy. She was released from bed rest in late July but gave birth to h...

    F.’s Answer

    You and my colleagues are correct .. there is a waiver ... you will need certified copies of the birth certificate ... with translations.

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  • Can a welfare recipient person sponsor a relative?

    I'm on welfare, receiving cash assistance, from the government and section 8 public housing, I only worked between 3-6 months in a year, can I still sponsor my spouse or relative,.

    F.’s Answer

    Without knowing more about the numbers, you will probably need a joint sponsor.

    Have a private consultation with an attorney ... don't post your numbers on this blog.

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  • Should I change address for wife's pending 485, (mine got approved in EB1A)?

    Got my GC (EB1A) but wife got minor RFE. We replied and the case in process for last three weeks. Now I got a job and moving to California (current Florida resident) next week. I am wondering should my wife moves with me and we do an address...

    F.’s Answer

    I agree with my colleague, BOTH of you need to do an address change:

    YOU: AR-11 ... don't do it electronically
    HER: AR-11 ... don't do it electronically ... AND telephone the number on the 485 receipt.

    When you MAIL the AR-11 forms, keep photocopies AND send via CERTIFIED MAIL.

    The EAD should be good for any employer.

    See question 
  • Hi Is it wise to help my wife getting a green card now? While I am a permanent resident and she is out of status?

    She got in the USA with a B1/B2 visa and she applied for a change of status F1 in the USA (student).She has been waiting for 4 months. And we got married for two months. Can I feel the form I-130 to help her get a green card? Or should I wait till...

    F.’s Answer

    Technically, she can stay in the US until they make a decision on the COS from B to F.

    Don't listen to what 'people' may say.

    It is more important to determine what benefits, if any are connected with filing just an I-130 now, rather than waiting for you to become a USC and filing the I-130/I-485 combo.

    Quite a bit will depend on what CIS says in relation to the pending COS application.

    Thus, no 'good' recommendation can be made at this time.

    Consider a Skype consultation with an attorney via Skype to weigh out the options.

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  • EAD not received after 4 months of filling and 3 months after approval, USCIS keeps making mistake. What are my options

    My EAD was approved more than about 3 months ago in c(26) category. However i noticed a typing error on start date and reported. Also sent back Approval notice and actual EAD card to USCIS later on. They fixed the error and sent me corrected notic...

    F.’s Answer

    "Expedite" is a "foreign concept" for CIS.

    I'm sorry that you've experienced this delay. Unfortunately, you're not alone.

    You can try an InfoPass appointment, but it will probably just be a waste of your time.


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  • Do I need to worry?

    I'm petitioning my spouse for s green card her came here to the U.S. With a visa it just expired at 18 then me and him got married 2 years ago now I'm petitioning him but should I wait because he smoked marijuana in August when he gets his physica...

    F.’s Answer

    That is difficult to answer without knowing more.

    It may be that you'll need a month or 2 to get all the papers organized ... thus the MJ smoking 'issue' won't be a concern.

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  • Got married after filed asylum claim

    I filed for asylum 6 months ago and I got married 1 months ago. What should I do to add my husband to the application? Can he file for EAD 150 days after I add him to my application? Or does he have to wait until asylum claim approved to receive E...

    F.’s Answer

    What did your attorney say? Please tell us that you have an attorney, or that you'll be meeting with one very soon ... asylum applications are not easy.

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  • I am on my OPT visa and It is difficult to get a H1B sponsor. Can I get married with my boyfriend to change to J2. Can J2 work

    My boyfriend is a post doc on F1-STEM now. He can transfer to J1 next year.

    F.’s Answer

    Yes, people on J-2 can apply for work permits ... but there are special requirements ... unique to the J-2.

    Yes, you can file a COS to J-2

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  • Do I need to apply for a new L-2 visa if I change from Indian passport to British?

    I have permanent residence in the UK and am in the process of applying for British citizenship. My current Indian passport has a valid L-2 visa. As India does not recognise dual nationality, will I need to apply for a new L-2 visa after I receive ...

    F.’s Answer

    Yes, you should get a new visa stamp in your new passport.

    No, you won't need to get a new EAD as your L-2 status won't 'really' be changing.

    Using an attorney will make the process go smoother.

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