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Ghassan Marwan Shihab
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Ghassan Shihab’s Answers

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  • Can I and My Family stay in US after Visa and I-94 expiration based on medical conditions.

    Dear Lawyers, I am on L1B Visa and my Visa and I-94 along with my spouse's Visa and I-94 got expired on Apr 15 2011. I have already applied for Visa extension but got a Request for Evidence and have responded to the same. Also my wife i...

    Ghassan’s Answer

    Dear Sir,

    First I hope the best for your wife and your family.

    Since you applied for an extension of your status, and the application was submitted in good faith, you are allowed pursuant to the immigration rules to remain in the US in "authorized stay" until your extension application or petition is adjudicated. If you are unable to extend your L1B status, you should file for a B-1/B-2 status. With a well documented petition, you should be able to get it approved for an additional 6 months.

    Again, best of luck to you and your family.

    Gus M. Shihab, Esq.

    The Law Firm of SHIHAB & ASSOCIATES, CO., LPA

    877-479-4USA

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  • Entering US on an H1 stamping other than your current employer

    Let's say, I left employment from a company A on Jan 1 2011. Now I am employed with with company B. I have received my approved My I-797 from the company B. But my passport still has the H1 stamping from the company A and is valid until Mid 20...

    Ghassan’s Answer

    Dear Sir,

    Yes absolutely. The stamping for company A will work when you attempt to enter the US on an approved H-1B visa for Company B. In other words, you will not need to obtain a new stamping for your approved H-1B visa for Company B can validly enter the US on your stamping which was issued as an incident of your H-1B visa approval notice for company B.

    Best of luck and I hope this is helpful.

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  • Illegal immigrant marrying US citizen. How can we apply for residency for illegal immigrant?

    Illegal immigrant married to US citizen. How can we apply for residency for illegal immigrant?

    Ghassan’s Answer

    The relevant point in your question is not whether your husband is illegal but whether he was "inspected" when he last entered the US.

    If your husband was inspected, though he may be "illegal" now, you may be able to legalize his status. I would consult with an experienced immigration lawyer.

    Gus M. Shihab

    The Law Firm of
    SHIHAB & ASSOCIATES, CO., LPA

    www.ShihabLawyers.com

    See question 
  • On form 1-130 line 16, its asking Has your relative ever been under immigration proceedings?

    On form 1-130 line 16, its asking Has your relative ever been under immigration proceedings? WHERE & WHEN. I'm a US citizen and I want to petition my mom and I'm assuming they are asking if anyone else has petitioned for her before. But then under...

    Ghassan’s Answer

    Immigration proceedings occur when your relative was served with a Notice to Appear in front of a judge. If your mother never had any such dealings, was never served with such papers, was never removed at a port of entry (denied entry and was summarily removed at the border) I would answer no.

    I hope this helpful and good luck.

    Gus M. Shihab
    The Law Firm of
    SHIHAB & ASSOCIATES, CO., LPA

    www.ShihabLawyers.com.

    See question 
  • My mom and Dad went to USA Recently ,Now how long it takes to bring me there ?,now i am 23 yrs old boy???

    My sister she is an American citizen she brought my mom and dad recently to America ,If my parents file for me right now then how long it takes to bring me in USA because right away i am 23 ,please give me a best answer about how long it takes tim...

    Ghassan’s Answer

    The answer to your question depends on two factors, what country you were born in and your current marital status.

    The US family preference category gives different priorities to family members who are married, not married, over a certain age, etc. In addition, because of certain per country quotas, your immigration may be significantly delayed depending on where you were born.

    If you would like to let me know whether you are married, or single and what country you were born, I will be more than happy to answer your question. You can write to me at gus@ShihabLawyers.com

    Gus M. Shihab
    www.ShihabImmigrationFirm.com

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  • I want to obtain Green Card. I have L1 & L-2 for my family. Do I need Labor Certificatoin or just start with I-140 Petition

    I looking to d start the Green Card process. I'm in my 2nd cycle of the L-1 visa. I would like to get permament residency based on employer sponsorship

    Ghassan’s Answer

    The answer highly depends on your credentials and qualifications. If you have what it takes to apply for a Multi National Executive I would pursue it. Having received L-1A indicates that you may be eligible to file under the EB-1(3) category but it is not automatic. The USCIS will apply more scrutiny to your I-140 petition. The key to emphasize your roles as an executive both overseas and in the US clearly with ample evidence.

    I would certainly consult with an attorney having experience in this specific area.

    Gus M. Shihab

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  • I am on L1 and my spouse is on L2 with valid 1-94 till 2013. Can my spouse stay here and work with L2-EAD when I am out of US?

    Hi, I am on L1B and my husband is on L2 Visa. We both have valid I-94 till 2013. He has just applied his EAD and might get one in another 3 months. Meanwhile can I go back to India for around 6 months after my husband gets EAD and joins a comp...

    Ghassan’s Answer

    If you return back to your home country you will obviously not be in the US in L-1 status. Remember that dependents derive their status from the status of the principal alien. If the principal alien has no status so will the dependent. Once you relinquish your status by going back to your home country and accepting a position with another employer, your husband’s L-2 status will terminate as a matter of law. That will also cause his EAD to expire as well even though it might show a later expiration date. The EAD expiration is an incidence of the expiration of his L-2 visa which initially gave rise to his EAD.

    I would be careful as working without authorization is a bar to adjustment of status.

    Gus M. Shihab

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  • L2 Visa for my husband / Conversion to L1B at later point of time.

    Hi, 1. I got L1B visa until 2013 to work in US. We were expecting the same to work out for my husband in his company. But due to some internal issues, his L1B is not getting processed. In such case, can i apply for L2 visa for my husband from my ...

    Ghassan’s Answer

    It is extremely important to always answer questions truthfully when asked at the port of entry. Having said so, you are not obligated to answer questions that have not been asked. So, be truthful always, but do not volunteer information. Besides, getting denied because the USCIS did not believe that your husband had what it takes to get his L-1B visa approved should not in any way legally prevent his abilities to obtain dependent L-2 visa. Yes, once he is in the US and has work authorization, he will be eligible to work for anyone including your employer. Once in the US, he can try to apply for L-1B status again although I question the wisdom of that. When possessing an EAD on L-2 visa, your husband is free to work for anyone. So I would not fool with it if I were you.

    Gus M. Shihab

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  • I have a B2 visa and my (now) husband has an L1 visa, I want to change the status, can I work on an L2 visa?

    I would like to change my status from a B2 visa to an L2 visa and wondered if I can work once I have this visa? I know it takes a couple of months but I was told that once I have this I need to apply for working papers which may take another coupl...

    Ghassan’s Answer

    There are ways to expedite the processing of your employment authorization document but you must present compelling evidence to have your EAD application expedited. I would discuss the same with an experienced immigration counsel. It is correctly stated that it might take up to 3 months to obtain your work permit. If you face financial hardship or if there are other compelling reasons, I would try it out.

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  • My wife and I both hold L1A visa's with the same company. Can my wife maintain her L1A whilst waiting to be added to my L1A?

    I.e. Can she continue to work for the same company using her L1A until she decides to work for someone else and then activiate the L2?

    Ghassan’s Answer

    Your wife can continue to work before, during and after the issuance of decision on her change of status (COS) from L-1A to L-2 visa.

    1. Your wife is elegible to work on L-1A prior to filing the L-2 COS app obviously.
    2. Your wife is also eligible to continue working after submitting the COS and up until she receives a decision on her applicaiotn for L-2.
    3. Once she receives the decision on her L-2, she can make an election at that time whether to remain on L-1A or to change to L-2. In other words, she is free to ignore the L-2 approval notice and elect to continue working pursuant to previously approved L-1A status.

    Be careful that should your wife make an election to stop working and become dependent, she is not fee to go back to join your employer without first filing a COS petition going back to L-1A status.

    I hope this is helpful. Let me know

    Gus M. Shihab

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