Archived
My EB3 is pending and I recently married a woman born in Dominican Republic, but she has a GC. Can I use cross charge here?
Karin's answer
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Answered on November 20, 2014
No, you can only use a spouse's nationality for cross-chargeability if the spouse is immigrating with you or following to join, but yours is...
Found some Error on application after submitting N 400 application should withdraw application? what is the cleanest way ?
Karin's answer
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Answered on November 18, 2014
If those are the only types of errors, then they are certainly not worth withdrawing the application over; the prudent way to address them is to:=...
Archived
Do I qualify fro the exemption cap H1B?
Karin's answer
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Answered on November 18, 2014
Two major concerns apply here:
1. Not all non-profits qualify for H1B cap-exemption: unless it is formally affiliated with a college or...
Archived
I got married three years ago. We had some ups and downs and my spouse filed for a divorce. We never got divorce. Can i file gc
Karin's answer
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Answered on November 17, 2014
Your wife needs to sponsor you, so if you & she are still "working things out" those things must be at a point where she is willing to participate...
Archived
I am a permanent resident and my fiance is on opt status, if we get married can he legally reside in the UNITED STATES.
Karin's answer
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Answered on November 17, 2014
I agree with my colleagues: don't file yet, you should naturalize first, and most importantly, the two of you should meet with an immigration...
Minimum passport Validity required to apply for H1B Visa petition while applying from India
Karin's answer
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Answered on November 17, 2014
No, this should not be an issue - The validity of his current passport, a copy of which should be presented with the H1B petition filing, will not...
Does H1b clock reset if I was out of US for 1 yea but was on H1B ?
Karin's answer
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Answered on November 17, 2014
Yes, that absence of over a year does reset the clock. You cannot be in H1B status when you are not physically present in the US working for the...
Archived
Status
Karin's answer
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Answered on October 21, 2014
She triggered the 10-year bar when she left in 2011, and will need to apply for a waiver to return any sooner than 2021. You should consult...
Archived
I filed a ds260 earlier in the year. Immigration is now asking my husband to file same form. Do he also need to pay that fee?
Karin's answer
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Answered on October 21, 2014
This is an open online forum: we cannot review any of the documents you have received, and we don't know all the facts of your situation. If your...
Does a change in client(but same employer) require a new PERM application to be filed?
Karin's answer
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Answered on October 21, 2014
This is a very fact-specific inquiry that should be addressed in private consultation by an attorney, not an Internet forum. As noted by Mr....