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F. J. Capriotti

F. Capriotti’s Answers

29,927 total


  • I am a permanent resident with a 20-year old son in the philippines, What is the fastest way to petition him to come to the US?

    Now that he is 20 years old, I am concerned that during petition processing, he turns 21 which puts him in a different category hereby it may take 10 + years before he can come here.

    F.’s Answer

    Yes, it can take a long time ... especially since you aren't a US citizen.

    Talk to an attorney, many of us use Skype.

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  • Is there a way to expedite EAD?

    I need to start a job fr July 1st but my EAD is still pending. Is there a way I can request an expedited EAD approval

    F.’s Answer

    Sorry, this is impossible.

    When did you file the 765? It usually only takes 60-75 days.

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  • Can an I 751 affidavit be written by an H1B visa holder?

    The Visa holder is currently working for a state run university and has been with the same employer for over 5 years. We have known each other for 8+ years and run within the same circle. Currently socialized with the visa holder at least once a w...

    F.’s Answer

    Yes, this person can be one of the 5-10 affidavits you submit ... don't just do 2.

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  • How can I get the costs of a newly created business (E-2 visa, proportionality test)?

    I invested 100,000 in a new business. It is a business you don't have in the USA. I have to compare two figures: the amount of qualifyin funds (which are 100,000) and if a newly created business, the cost of establishing such a business.

    F.’s Answer

    $100,000 is the bare minimum ... and I do mean bare minimum size of an investment that 'might' work. Plus, you need sufficient funds to live on (I usually recommend an additional $25,000 to $50,000).

    Your focus on the proportionality test is misplaces ... the substantiality and marginality tests are the appropriate ones to consider.

    Talk to an attorney, many of us use Skype.

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  • Waiver process after J1 research and J1 clinical (ECFMG sponsored)

    I am on a J Research Scholar Visa and I am subject to 212e. I want to pursue residency training. For that I will need to change to an ECFMG Sponsored J clinical visa. 1) Is the 2 year home presence rule cumulative? Does the home prese...

    F.’s Answer

    1. No, it is not cumulative ... 2 years back home is the total/maximum.

    2. Possibly. BUT, a no objection letter is only PART of the waiver process. The US government isn't bound by a no objection letter.

    3? Conrad may work ... talk to an attorney in private, many of us use Skype.

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  • I am filling out a N-400 form (application for naturalization). I had an arrest last year, case was sealed after 5 months.

    I have entered the details of my arrest on the N-400 form and attached a court certified document stating the disposition of the case. Do I need to attach the entire arrest record or the certificate of disposition alone will suffice?

    F.’s Answer

    It is usually best to have a certified copy of the complete file, prior to having been sealed.

    If the file was sealed before you got copies, you will need to have it unsealed.

    Talk to an attorney, in most cases a sealed record isn't really sealed when it comes to CIS and the FBI.

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  • Can I work on approved I-140 and pending EAD?

    I got my I-140 approved in EB-1 category but I am waiting for my EAD. Can I start my job on pending EAD application?

    F.’s Answer

    No, that is absolutely forbidden.

    Talk to the lawyer doing the I-485/I-765 to learn the laws/rules ... to avoid making any other possible mistakes.

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  • Can she get him deported even after he was neutralized ?

    he cajoled her into sponsoring him for the K-1 fiance visa, after he arrived in the states he married her pretty much right after his arrival and successfully adjusted his status to a permanent resident and owned a green-card. After the 2 years, t...

    F.’s Answer

    How, after more than 4 years did she just suddenly discover this plot of his? And ... what proof does she have?

    If it is solid, it is possible to de-naturalize .. but very, very difficult ... ICE will need solid evidence.

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  • I-130 is pending

    US citizen spouse is abusive, making an info pass to find and discuss the situation at USCIS office for filling I-360. Will it have a negative effect on existing I-130, which is pending since last one year. We are still married. I485 is also pendi...

    F.’s Answer

    Meet with an immigration lawyer ... immediately.

    And, don't say that you don't have money for a consultation: If you are low income go here: www.justice.gov/eoir/probono/states.htm or http://www.immigrationlawhelp.org/

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  • L2- EAD to H1B

    I am currently in L2 - EAD and working for Company A. I have applied for H1B petition with change of status through consulting company B . My case is picked in the lottery. My questions are below. 1. If H1B is approved, will my status ...

    F.’s Answer

    1. You should talk to the lawyer that did the papers to see what date he/she put on the papers regarding the start date. Once approved, you MUST immediately leave the L job and start on the H..

    2. PROJECT??????????? Please tell me that this isn't a job shop that places people at client projects: http://www.uscis.gov/news/public-releases-topic/business-immigration/questions-answers-uscis-issues-guidance-memorandum-establishing-employee-employer-relationship-h-1b-petitions

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