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F. J. Capriotti III

F. Capriotti’s Answers

31,589 total


  • I-751 Green Card

    I applied for removal of condition application form I-751. It got approved July 7th as i received a 10 year green card. 3 week later i have received one more green card..which is exact the one i received 3 weeks earlier. ...

    F.’s Answer

    This has been happening quite a bit lately.

    Apparently, not surprisingly, the CIS computer has new 'bugs'.

    Make an InfoPass appointment. To send one back w/o official approval could result in them canceling your record in their still-broken computer.

    See question 
  • Regarding L2 EAD validity

    L1B visa validity till August 2016; petition validity from August 2013 till August 2018. I94 valid till June 2018. Can a L2 work till January 2017 OR only till visa validity i.e., August 2016, of the primary L1B holder? What is the...

    F.’s Answer

    You didn't give us I-94 dates ... that is the only important document after the person arrives in the US.

    Talk to the company's immigration lawyer and NOT a NON-ATTORNEY in HR.

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  • I'm a Canadian citizen. I have a bachelors, and have been offered a Project Coordinator job in the US. Can I get an H1B visa?

    I am a Canadian citizen, living in the US on a TD (spousal) visa. I have a 3 year bachelors degree in anthropology and another 3 year bachelors degree in history from a Canadian university. I've been offered a job at a large CAP EXEMPT US company ...

    F.’s Answer

    I agree with my colleague, you need an educational/experience evaluation.

    I don't see the Management Consultant TN working for you, but I'd keep an open mind when talking to you during a consultation ... were you independently self-employed during those 5 years of experience?

    I find it hard to believe that a large US company can offer a cap-exempt position ... the law is quite strict on what type of employers qualify.

    Consider a Skype consultation with an attorney.

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  • Can an employer sue former H1B employee, if the employee is not longer in the US?

    They are claiming damages for breach of contract including non-compete. I left them 7 months ago. I might have to return to India and leave my current employer too. I want to know whether: 1. They can sue me even when I am no longer a H1B...

    F.’s Answer

    Technically this not a US immigration law question.

    QUICK answere:

    1. Yes
    2. Talk to a contracts lawyer
    3. Hard to say ... you haven't told us why you are being sued.

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  • Specific question about writing checks for N400 application (citizenship) ?

    The instructions regarding whom to make the check payable to is confusing to me. In one place on USCIS instructions it says "Department of Homeland Security" and in another it says "U.S. Department of Homeland Security". Which one should ...

    F.’s Answer

    US DEPARTMENT OF HOMELAND SECURITY. Write anything you want in the memo area ... yes, it is a good idea to put the A# there.

    Have you considered a Skype consultation with an attorney, to pre-screen your qualifications and give you a practice test.

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  • Before expire B1/B2 status, if file an asylum & asylum case not yet finalize, is this will consider a legal stayer ?

    Went to visit with B1/B2 visa. Due to some critical circumstances, there is a risk to go back to home country.

    F.’s Answer

    If you file for asylum while in the US on a B (probably B-2) you will be 'semi-legal' while they decide your case.

    Talk to an attorney, especially if you are not currently in the US .. .many of us use Skype.

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  • Is my OPT application canceled once my family member applies for EB2-NIW?

    I'm going to graduate from university this August and have applied for OPT on June 16. My husband applied for green cards for our family through EB2-NIW on June 25. Some one told me that I have to reapply for a working permit because my OPT must b...

    F.’s Answer

    First of all .. AND VERY IMPORTANT ... no matter how smart he is in his field ... make sure that your husband hires an immigration lawyer to do the papers.

    Second, no the OPT won't be canceled by the filing of an I_140 ... but you probably shouldn't travel internationally.

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  • Can i still apply for H2B visa again even if i had not finished my H2B visa last two years ago because of not enough working hrs

    I had an H2B visa valid from 03-07-2014 to 11-30-2014 but i was not able to finished it due to not enough working hours and i decided to go home. i went home last 04-29-2014. i also informed my employer about my plans going home but i dont have an...

    F.’s Answer

    Make sure that the new employer uses an immigration lawyer and doesn't let a NON-ATTORNEY in HR touch the papers. He/she should be able to help with the Consul.

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  • First OPT application denied. What would be the reason. and what steps i can take to be in status.

    I have I20 issued by registrar and OPT recommendation date mentioned as below.. Graduate date : 12/13/2014 OPT recommendation date : 02/12/2015 to 02/12/2016 - which is 62 days after graduation. Application 1 - received by USCIS 0...

    F.’s Answer

    I'm fairly certain that the denial is based on late filing and a late SEVIS OPT recommendation.

    You may not have too many options available.

    Meet with an attorney A-S-A-P.

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  • To apply for E2 Visa, can I put the signature personal loan interest fee as part of start up expense for starting the business?

    If I get a signature personal loan that is not secured by business assets, can I put the interest fee and charges of the personal loan as start up expense for the fund that is committed to the business?

    F.’s Answer

    The simple answer is: No, probably not.

    These funds must be 'at risk'. without collateral you are not putting your funds at risk ... the only one taking the risk is the person who would be giving you a zero interest, no collateral loan.

    Consult with an attorney via Skype before spending any more money on this idea.

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