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F. J. Capriotti III

F. Capriotti’s Answers

33,402 total

  • What are my options with obtaining legal status or adjusting my status?

    I entered the United States in 1991 when I was 8 y/o from Nigeria. My port of entry was New York city. I am now almost 33 and have never left the country. I am currently married to a U.S. citizen and have two small children. I gained Asylum st...

    F.’s Answer

    You would benefit from a consultation with another attorney ... you haven't given us enough specifics on your criminal convictions ... nor should you give more information on an Internet Blog like this.

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  • Should the question be considered as of today when I'm actually filling the application or date it is filed i.e. April 1?

    I am currently on OPT and my employer will file my H1B on April 1. My spouse has been visiting me on B-2 Visa and has never applied for a dependent visa. One of the question on the H1B application was "whether your spouse is in the country or will...

    F.’s Answer

    Why is there no one to guide you?

    Please don't tell us that the employer isn't using an immigration attorney.

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    F.’s Answer

    I agree with my colleagues, one check for $680 is acceptable.

    Make sure you write out the check properly, the CIS website tells you how:

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  • How can we transfer our SEVIS from the university

    Hi, I came to US on F1 visa to a university in Boston and transferred to VIU. Due to access number of students VIU is asking to take English courses. We are planning to transfer our SEVIS to other university but VIU is not allowing us to transfer....

    F.’s Answer

    You have problems if VIU isn't going to 'release' your SEVIS file to a new school.

    Talk to the DSO at the new school to see if he/she can contact VIU directly.

    One option is to leave the US, completely terminate your SEVIS ... get a new I-20, new visa, and new SEVIS.

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  • What's the current average time for getting 1-140 approved at California center after applying.

    what's the current average time for getting 1-140 approved at California center after applying.

    F.’s Answer

    Premium processing is the only intelligent way to go: 15 days.

    Otherwise, it could take months, months and more months.

    Talk to the lawyer that did the I-140.

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  • I-864 obligations and medical benefit for health

    I supported a family member immigration application in March 2015. She has receive a conditional green card. In 2015 she had health insurance via covered California. For 2016, due to her and her husband low income, she is offered Medical. 1- S...

    F.’s Answer

    If she made an application for a government means-tested benefit, she needed to tell them that you had signed an I-864.

    If she didn't tell them this, she could get into trouble for not fully disclosing this important piece of information.

    Talk to an attorney in private.

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  • Labor Applied 10 months back for PERM, No status update till now. What could be the reason?

    As per my employer communication, they applied my labor in Apr'15. But as of now, we didn't got any status update on my case. What could be the reason for this. As of now status is getting update for the cases which were applied in July'15. How Ca...

    F.’s Answer

    Worst case scenario? The government is taking longer than they predicted ... don't waste time looking at 'processing time' charts on the internet ... they aren't accurate.

    Yes, it can take over 1 year for the PERM to be processed.

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  • Will my travel plan affect my pending H-1B application? Thank you very much for your answer

    My current employer is going to file an H-1B application on my behalf this April while I continue working with a valid EAD card (STEM OPT extension). Then, I am planning to take a vacation for 2 weeks in May (outside U.S.).

    F.’s Answer

    I would not travel if I were you.

    Travel on OPT is always risky.

    Plus, the new STEM/OPT rules may be different come this May.

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  • At what stage of the EB-2 GC process can I move to another company without significantly impacting the priority date (delaying)?

    My employer has started EB-2 green card process for me. Does the new company have to start a new application from scratch or can I transfer the GC application?

    F.’s Answer

    Yes, it is possible that the new company may need to do new papers from scratch.

    Talk in private with an immigration attorney before applying for jobs at a new company.

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  • J1 Visa to H1B Visa Chance

    Hi there, I would like to ask a quick question about changing status J1 visa to H1B visa. I've been working in the USA more than one year, and my J1 visa will end in May 2016 (18 months). I talked with my current company, and they told me that...

    F.’s Answer

    1. Yes, and yes.

    2. Yes ... but they're not easy ... make sure you use a lawyer.

    3. Yes, once a waiver is received, it can be used for any and all purposes that were previously blocked.

    PS It isn't necessary to give immigration lawyers links to government websites ... we know them all-too-well.

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