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Stuart Jonas Reich
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Stuart Reich’s Answers

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  • Can I file for a divorce before my husbands 2 yr perm residence expires? Will he have any problems renewing it alone?

    My spouse and I decided to go our separate ways since our marriage is not going as we thought it was going to be. I filled for his perm residence and it was approved, he received his green card. When the 2 yr expiration date approaches and we are ...

    Stuart’s Answer

    I agree with my colleague - your spouse needs to consult an immigration lawyer.

    there are ways to have the conditions removed/obtain a full, ten-year green card even if no longer with the US citizen spouse/sponsor - it would be in his interest to work with you to get the divorce through quickly and maintain a positive relationship with you, as documentation of the legitimate nature of the marriage and assistance from you (simply in the form of an affidavit -not required, but very helpful) would be a huge plus as he completes the process on his own.

    Suggest he speak with an attorney - and stay civil to you!!

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  • Can I apply for H1B transfer before October 1 and start working with another employer?

    I got my H1B approval this year and it is valid for only one year. I am looking to move to a new job but I am not sure if I can do that before October 1.

    Stuart’s Answer

    You need to speak with an attorney directly for further guidance on this.

    That said (and assuming form your mention of an October 1 start date that this was an initial, cap-subject H-1B), once the H-1B has been approved the number under the cap has been secured, and you should be able to "port" your H-1b to a new employer even before October 1 - as long as the case is in all other ways approvable.

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  • Do I have to be present in USA during the period of time between fingerprints to an interview?

    I'm a green card holder over five years and will be applying for citizenship . I was outside of US for the last five months. I'm wondering if I have to stay inside after getting my fingerprints done till I get a date for an interview or it is ok f...

    Stuart’s Answer

    You need to discuss this with an attorney - it isn't that you aren't permitted to leave during this period, but the count of days spent abroad to ensure you meet the physical presence requirement must be monitored; they look back at this at the time of filing, again at time of interview, and again at time of oath ceremony.

    Run through this with an attorney.

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  • I received my Green Card, but my middle name is wrong just one letter.

    Just Received my Green Card but my middle name is not right. They typed my middle name ( EMLDIO is should be EMIDIO ) It's just the letter L is wrong it's should be the letter I . how can I fix it ? Can I travel to my country? To get a few d...

    Stuart’s Answer

    Check your copies of the original forms you submitted to make sure it was correct on the forms. If it was and this is USCIS error, you can submit an I-90 to correct this (if their error, you don't need to pay the fee -if your error, you do).

    With the receipt from the I-90, which shows up one to two weeks after filing, you shouldn't have an issue traveling.

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  • Can an immigration attorney sponsor an O-1 visa?

    My sister would like to come over to the US on an O-1 but doesn't have an agent or sponsor yet (she's a celeb stylist). The immigration lawyer she talked to said that their firm could sponsor him. That sounds weird to me. Is that possible?

    Stuart’s Answer

    As my colleagues note, this is technically possible and I've heard attorneys claim success in doing this.

    However, I'm skeptical of the arrangement - I think it invites inquiry into the nature of the relationship and validity of the work and as a matter of policy, I and many other attorneys won't do this.

    But, if your friend was directly advised by a qualified attorney, then I wouldn't contradict the applicability to her situation.

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  • Should the stated income of my joint sponsor be the same on his w-2 forms and 1040 tax forms?

    I have a joint sponsor for my husband's immigration case. The issue is that his stated income on his w-2 forms is very different than his annual income stated on his 1040 tax returns. The income on his 1040 is sufficient to support my husband but ...

    Stuart’s Answer

    Generally, the "total income" figure is what get's listed on the I-864.

    However, if the W-2 doesn't account for all of that income, you can expect questions form USCIS on where the rest of the income came from. Likely there are other jobs (perhaps done as an independent contractor), investment income, etc. - perhaps there are other W-2 forms, 1099 forms (often given to contractors, or those earning income from investments) or other documentation as to where the rest of the income comes form that could be presented.

    You and/or your joint sponsor need to discuss this with an attorney to see how best to document this.

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  • Transferring i485 petition to new i140 petition

    Last year, we filed concurrently our i140 and i485 but unfortunately our i140 got denied. Now, the company is going to file a new i140. Is it possible to transfer the i485 from the old denied i140 to the new i140 that they are going to file? Thank...

    Stuart’s Answer

    Once there is no underlying I-140, the I-485s can no longer legitimately remain filed - USCIS generally denies these as well.

    Even if you manage to file a new I-140 before the denial is issued, I don't believe USCIS could approve the pending I-485s. as my colleagues note, these will need to be refiled.

    This is the big risk in filing the I-485s before there's an I-140 approval - sometimes necessary (when non-immigrant status can no longer be extended, or for other reasons), but a risk nevertheless.

    Speak with a lawyer directly for advice moving forward.

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  • Is the Affidavit of support required when applying for a green card by marriage?

    My husband (an american citizen by naturalization) and I (originally from France) are filling my application for a green card (I-485, I-765, I-130, I-131) He has been meeting the financial requirements to be my sponsor for a year (since he got hi...

    Stuart’s Answer

    I agree with my colleagues -you definitely need to submit the I-864 up-front. While a W-2 is only relevant to show which of the income reported is your husbands if the return included income from you both, you may find that USCIS comes back and asks for the W-2 anyway, even if not required.

    We've found that the Affidavit of support and connected documentation is a very common ground for USCIS inquiries -even where alternative (and perfectly allowable) means of meeting the requirement have been provided and clearly explained in a cover letter, or even where what has been requested isn't legally required to meet the support obligation.

    so, if possible to obtain a duplicate copy of the W-2 from your husband's employer, I would recommend doing this.

    If your husband can show assets of his own (not joint assets) in excess of three times the income requirement he must meet, this can be provided -but it's difficult to use this avenue with overseas assets.

    speak with an attorney for further guidance.

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  • I received receipt from uscis Which is form I-797C notice of action i want to know how log in online to see my case status

    I am married from American citizen

    Stuart’s Answer

    I agree with my colleagues. Attorney Guerbadot provided the most direct link for entering your case number online and obtaining status, there there's a link on this page that lets you create an account, enter your case number, and get e-mail or text alerts.

    That said, as my colleagues note, the updates aren't helpful -they normally show only the most recent case activity, not how close you are to the next activity. If they show that an inquiry has issued, they don't tell you what this is about. certain case types (the I-130 in particular) often don't sync correctly between the main CLAIMS system that USCIS uses to handle adjudications and the system that powers the web site.

    So, this may not be too helpful -best to stay in close contact with your attorney.

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  • Switching from employer A to employer B, What happens if Employer A revokes I140.

    I am on H1B, Switching from employer A to employer B, have I140 approved with March 2011 priority date. If Employer A revokes I140, do I loose my priority date ?

    Stuart’s Answer

    This is really something which should be addressed in depth with an attorney directly - primarily the Company B employer.

    Generally, even withdrawal of of the I-140 by the employer doesn't invalidate it for purposes of priority date retention/extensions of H-1B status post-sixth-year (the answer is different for USCIS revocation of the I-140 for fraud).

    As my colleague notes above, only the priority date can be preserved; employer B still needs to begin a new permanent residence case from the beginning absent an I-485 for you on file and pending 180 days or more.

    Talk this through with your attorney.

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