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Stuart Jonas Reich
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Stuart Reich’s Answers

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  • What action can i take against him, so that I can get my salary back from him?

    I am here in USA since last 5 months on h1b but my employer did not paying any salary to me. He said salary would get paid when i get a project. But, now i am came to know that he processing our payroll in system but not paying us any paycheck an...

    Stuart’s Answer

    There is an "anti-benching" rule that says you must be placed on payroll within 30 days of entry in H-1b status (60 if you were already here and changed/amended status to H-1B to work for this employer), They aren't permitted to wait until you get a project.

    It sounds like the employer may be creating a fake payroll to try to document compliance when they aren't actually complying.

    With regard to actually getting you paid, this may be more of an Employment and Labor Law issue than immigration - but the situation your describe certainly violates the attestations your employer made when filing the Labor Condition Application with the Department of Labor. You can certainly complain to the Department of Labor.

    Seek the guidance of a qualified attorney.

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  • What are H4 Visa work options

    I am on H1 visa and my Green card process has not yet started by my employer. My spouse is on H4 Visa. A big US company is willing to offer her a job, does she any options to get Work Visa considering - H1 for this year is already over. - Can'...

    Stuart’s Answer

    You're correct that neither the H-1B nor a spousal H-4 EAD appear to be near-term options.

    I would suggest she/her employer consult with an immigration attorney directly to see if some other work visa might be a possibility here. Much depends upon her background, nature of the job offered, country of nationality, etc.

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  • If my O1 visa get rejected, would it affect my future application for other types of working visa or travel visa in general?

    I am currently working in the US as a architectural designer and is applying O1 to continue working here. I understand O1 is a much more stringent visa and worried if I don't get approval it will affect my chance working or traveling to the US in ...

    Stuart’s Answer

    I agree with my colleagues - while a denial may need to be disclosed on certain future applications, it doesn't prevent you from approval for any other status for which you qualify (including a later O-1 with additional documentation).

    O-1s are complex cases and you would definitely want to seek the guidance of an attorney in preparing this, if you haven't already.

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  • Does immigration attorney represent the petitioner or the immigrant for a husband and wife?

    i am married to a man and petitioning for him to get a green card. We are married for over a year and waiting for first interview. We filled out all required documents through one attorney. I want to drop petition and possibly get a divorce. My fr...

    Stuart’s Answer

    I would argue the attorney represents both of you for the purpose of this filing (who paid doesn't necessarily control who an attorney legally represents).

    This means the attorney can't do anything which favors one of you over the other/disadvantages either of you. An attorney who handled the original petition shouldn't be helping you withdraw, but also shouldn't be helping your husband try to move forward without your support (absent your permission). You would want to get advice from a separate immigration attorney here. I strongly recommend consulting one.

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  • What is the meaning of document status code 'J' in interview letter(P4)

    I have got my interview letter (P4) and it says following Passport 'J' Birth Certificate 'J' Marriage Certificate 'J' Police Certificate 'J' can anyone please explain this document status code 'J'

    Stuart’s Answer

    I agree with my colleagues in that you really haven't provided enough background here for us to know for sure what you're referring to.

    I suspect you may be discussing a consular interview letter form the National Visa Center. these are typically send by e-mail, and have multiple pages - the list of items form you is the last page, and the page before it has a "Key" to the letter designations. "J" usually means that the State Department only has a copy of this item, and you need to bring the original with you to the interview at the consulate.

    Consult an attorney for further guidance.

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  • Does after my I140 approved, can I apply EAD for my Wife? Will it work in case of EB3? Is there process to convert EB3 to EB2?

    I am working on H1 B for X Employer, now he filed for GC Processing under EB3 Category in jan 2016.

    Stuart’s Answer

    I agree with my colleagues with regard to the ED - this isn't specific to EB-2 or EB-3; your souse can apply for employment authorization after your I-140 approval.

    The second part of your question is more complex, and requires a consultation with an attorney. There is no "conversion" process per se; your employer would need to file an EB-2 qualifying case (though there is a way to retain the original priority date).

    Speak with an attorney directly for further guidance.

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  • Am I exposing myself to any legal or financial repercussions if I'm not able to provide full time work as stated in the memo?

    I operate a small production company, and have been asked by a former co-worker and sometimes freelance contractor to sign a 'deal memo' as part of their application for an 0-1B visa. The terms of the memo cover a four month period in 2017. I ...

    Stuart’s Answer

    My colleagues are correct that this is an immigration issue - and although not immigration attorneys, they are certainly also correct that you don't want to sign anything untruthful.

    I would argue that for an O-1B, you don't need to be offering full-time employment on your own; this is clearly being done as an "Agent" petition where someone else is acting as the petitioner but the filing needs to include an "itinerary" of work for the petition period.

    I think you can say - if true - that you _expect_ to have certain projects for which you would retain the person on a freelance basis over the course of a given period of time based upon projects under negotiation. This wouldn't actually commit you, and could still be helpful to the petition/person applying even if not quite as helpful as a firm commitment.

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  • In these circumstances can I apply for a better spouse case and if yes what will be the success rate.

    Dear sir I place a question yesterday which stated that I came to USA on business visa latter on applied to the USCIS for adjustment of status and my status changes from B1/B-2 to F-1 international student latter on I recently got married to US c...

    Stuart’s Answer

    Agree with my colleague - it really won't help to post the same question more than once.

    The fact is, there's only so much any of us can tell you without knowing far more about your situation than you could tell us in an onlne post. Your best option is to schedule a consultation with an immigration attorney directly.

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  • Can my Canadian girlfriend cross the border and live with me with her 5 year old son? I am in Washington state and US citizen.

    I have a Canadian girlfriend wit 5 year old son. I am us citizen. Can she move across the border and live with me? For how long before she needs to go back? Can her son go to school here, and can she work in USA?

    Stuart’s Answer

    Not without some status permitting her to actually "live" here. If she and her son simply enter, they would be admitted as visitors - only allowed to be "visiting" - and only allowed to remain for six months. If they expressed an intent to live with you here, they likely wouldn't even be allowed in as visitors.

    Your girlfriend might have options to remain in the US longer-term based on employment here, or you might go the marriage route.

    I suggest you and she speak with an immigration attorney for further guidance on what might make this possible.

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  • Child custody

    How to get custody of my child other parent is not in USA and also he cannot come back to USA. My case is pending in court because I cannot get my marriage certificate which is in Pakistan. And one copy is in my ex husband immigration file. I am...

    Stuart’s Answer

    I too am sorry to hear of your situation, and I also agree with my colleagues that this may be more of a family law issue than an immigration issue.

    However, if you had at some point sponsored your husband for permanent residence (and this is the "immigration file" you refer to), as the petitioner you should be able to file a Freedom of Information Act ["FOIA"] Request to get a copy of that file...which would include a copy of the marriage certificate. It may take a while, but this is one possible solution to the marriage certificate issue.

    Consult an attorney for further guidance.

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