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F. J. Capriotti III

F. Capriotti’s Answers

33,177 total

  • I was told to get all documents and forms filled out to file form I-130 in Algeria for my spouse in Yemen after receiving

    an appointment. Algeria stopped approving form I-130 cases from Yemen. Once they did accept new cases with transfer cases. I am learning that the form must be approved in the U.S. to transfer to another country. Is there any way to arrive in Egypt...

    F.’s Answer

    Who told you to direct file in Algeria? When were you told this?

    Clearly you need to talk to an attorney, to get the case on the 'right track.'

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  • AOS after nvc fee payment and submitting document.

    I have i 130 approved for my spouse under f2a category. We got the welcome letter from the nvc and we paid iv fee and visa fee. We submitted all documets to NVC. Now im in US under B1 visa and i see that according to nvc new visa bulletin my prior...

    F.’s Answer

    Yes, the file can be transferred BACK to CIS by the NVC ... it can take quite a long time to do so.

    A for fraud/preconceived-intent, more information is needed as regards when the visa was issued, when you entered the US, what legitimate BUSINESS activities you've pursued, etc.

    Talk to an attorney. Many of us use Skype.

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  • Hello Lawyers, Both my wife visa and my visa are getting expired on Nov 14th 2015. I got my H1B I797 extension done.

    Both my wife visa and my visa are getting expired on Nov 14th 2015. I got my H1B I797 extension done and got till 2018 April. But i have not applied for my wife H4 Extension ( Form I539 ). I have a date booked for stamping in Jamaica on Dec 10th f...

    F.’s Answer

    Why didn't your lawyer file for her extension at the same time as he/she filed yours?

    1. Not really, unless you are Jamacian citizens.
    2. Yes
    3. Talk to your lawyer.

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  • I am on L1A with Manager capacity, my current company is not processing GC, can any other company initiate my GC under EB1C?

    I am on L1A with Manager capacity from India, my current company is not processing GC, can any other company initiate my GC under EB1C? How much time it will take to process ? I travelled to US one year back, I am ready to invest in EB1C categ...

    F.’s Answer

    No other company can file for EB-1 ... unless you've worked for them for the required period of time.

    Plus, you can not 'invest' in the visa, only an employer can do that.

    What to do? Find a new employer, one that is willing to transfer you to the US after the required period.

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  • My I-94 expired and I cannot have my I-765 application processed without it being renewed or having a new 1 issued. Please help.

    I am a Cuban that entered the country without inspection back in 1966. I have been married 3 times to American citizens and have 3 children. I worked and I am now retired. Only when applying for my Social Security benefits did an issue surface. I ...

    F.’s Answer

    My colleague is correct, some ... but not all .... I-94s can be found on

    What else can you do? Hire a lawyer.

    This is especially important since it is expected that Cubans with felony convictions may get sent back to Cuba sometime in the nest 1-2 years/

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  • Can I challenge my LCA prevailing wage?

    I am an H1B worker in California. During offering me employment, my employer offered me a low wage saying that he will increase the basic salary if Department of Labor says so based on prevailing wage of my job level. But he was able to get an LCA...

    F.’s Answer

    It is not 'your' LCA ... it is the property of the company.

    Be careful of what you ask for. If you can't get them to change the papers and give you a raise through 'friendly' discussion ... 'pushing' them might result in them canceling the H-1B ... which is also the property of the company.

    Consider a private Skype consultation with an attorney.

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  • Can a U.S. citizen still divorce even if his/her spouse is waiting on the 10-year green card?

    I wanted to know if love doesn't exist anymore between two spouses and the U.S. citizen spouse wants a divorce because he doesn't feel the love anymore. They have already been through the second process of his wife getting the green card by removi...

    F.’s Answer

    I'm sorry that things aren't working out for such a short-lived marriage.

    The best thing to do is, even if he files for divorce, they don't finalize the divorce before the 10 year card arrives.

    Have you two tried marriage counseling?

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  • Will my OPT be denied?

    I am still in school and I have been working since January 2015. I am under the cpt and I have been working 40 hours a week. I graduate in December and I already have a job lined up to start January 2016. I applied for my opt 50 days ago and I hea...

    F.’s Answer

    I would need to see your I-20 and the 'curricular' program that it is attached to.

    Yes, it is possible that you might be in violation of your F ... but, maybe not.

    Talk to an attorney via Skype.

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  • What option I have in order to stay once my J1 will expire ?

    Hi, I am a French teacher and I am actually here with a J1 Exchange Teacher visa. My visa will expire in July 2016. The two years agreement is NOT applicable . I am working in a Charter School .Last year, they tried to sponsor 2 teachers ...

    F.’s Answer

    H remains a possibility ... most likely the other applications were denied because of the "H lottery".

    Otherwise, you can switch to F and work on your PhD.

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  • H1b Visa Transfer without pay stubs

    I have 2 questions: 1. I am H1B visa holder, my employer's office is in NJ. I work at client location in NY trough a vendor. I want to transfer my VISA to another employer/sponsor but my employer is not giving me my pay stubs which a...

    F.’s Answer


    Those words send shivers up my spine as it sounds like a job shop ... the type of arrangement that CIS is starting to investigate.

    1. Why didn't you get pay stubs each time you were paid? Most people get them by e-mail. Maybe the bank transfers might work ... talk to the new employer's lawyer ... NOT a NON-ATTORNEY in HR. Also, in the future stay away from client/vendor situations.

    2. This is not an immigration question.

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