Skip to main content
Alexander Joseph Segal
Avvo
Pro

Alexander Segal’s Answers

54,072 total


  • Can my friend leave the US while his H-B1 visa extension is pending? Will he have a problem reentering in 2 weeks?

    Hi. My friend filed for H-1B extension as well as requesting to change it to H-2B visa. His visa expires on August 20th but his 6 month stay ended on May 25th which is when he applied for an extension. He has received the receipt that his exte...

    Alexander’s Answer

    The extension of status portion of the "extension" that is pending, will be considered abandoned. You will have to wait until the petition is approved and then reenter on H visa with the extended petition.

    See question 
  • Are there any specific guidelines regarding timeframe after approval of green card to change employers?

    My green card got approved a month back. My wife is starting a residency program in FL in July. We have offer letter from the Hospital. My employer understands my situation regarding the wife moving for her training and is ok with me moving. I...

    Alexander’s Answer

    No. You have signed up to work for the company permanently. What is permanently is up to the interpretation of that USCIS officer you will have your naturalization interview with when time comes.

    See question 
  • Typo in immigration application

    my grandma is a US citizen and she had filed an immigration application for my mother back in 2006. In 2010 my mother has received a letter describing her case from US government. in this letter one letter in her family name is written wrong. for...

    Alexander’s Answer

    You can correspond with USCIS and ask them to correct the error.

    See question 
  • How many months will be the gap before re entering US for those with multiple entry visa?

    My mom has a multiple entry visa.She stayed her in the US for 5 months(January 24,2016-June 13,2016).She is planning to come back by August and stay for another 5 months.Would this be a problem?Thanks

    Alexander’s Answer

    She must mostly reside outside of the USA and have her life going on there to be considered a genuine visitor.

    See question 
  • What does the "H1-B petition for 2017 is pending " mean?

    My employer applied for H1-B for 2017 for me, but HR did not give me any feedback until I got my new I-20(I applied for OPT extension) since I thought my case had not been selected by USCIS and I saw a receipt number on my new I-20, and from there...

    Alexander’s Answer

    It means that the case is in adjudication.

    See question 
  • My wife is USA citizen and she is not my sponsor ,does she has to fill the form for I 864 ?

    My wife works bit her salary is not enough to sponsor me and her dad is my sponsor , USCIS requires RFE for I 864 and my wife only worked 2 years and she filled them , should I submit the tax forms along with the forms for her ?

    Alexander’s Answer

    If she is the petitioner, she needs to file her own I864 regardless of her income. A joint sponsor files a separate, his or her own form where joint sponsor box is checked. It is their income then that becomes relevant.

    See question 
  • Can I go for my Visa at a different country consulate other than my home country consulate for H1B?

    My nationality is Indian. I currently have approved 797 for h1B. This is my 5th year in U.S on h1B. Never had H1B visa on my passport till today. Currently on a visit to India. No appointments are available in India at American Consulate until Se...

    Alexander’s Answer

    If the consulate at which you are planing to apply for the visa agrees to adjudicate, sure. Contact their website. The information is usually there whether they entertain third country applications.

    See question 
  • F1 OPT EAD to H4 EAD Conversion

    Hello Team, Currently I'm working on OPT and my first OPT was expired on May 10, 2016. I applied for extension on April 4th, 2016. As we all know OPT extension rule was changed. Due to this change I got an RFE on my opt extension case. In this ...

    Alexander’s Answer

    If you succeed with the OPT completion in accordance with the rules, you had a 60 days grace period which would end on July 9, 2016. If you file I539 before this day, you should be fine.

    See question 
  • Wife on L1A visa is filing for Green Card(GC), Husband is on H1B nearing 6 years

    My wife's employer is filing for her GC, since she is eligible for EB1 she will get the GC immediately, I am on H1b and will complete 6 years in Dec2017. We are from India. I am eligible for EB2 which has a long wait time. So, should I include my...

    Alexander’s Answer

    You really need this very case specific inquiry on a consultation with an immigration lawyer. You can start by talking to the employer's lawyer.

    See question