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David Vyborny
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David Vyborny’s Answers

316 total


  • Can I obtain SSN

    I am a Foreign Medical Graduate presently in the US on B1 visa status. I will be applying for residency this September. In order to apply for the residency in the state of California, I will need Post Graduate Training Authorization Letter(PTAL) i...

    David’s Answer

    Unfortunately you are not eligible for a social security number at this time.

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  • What can we do to make my sister stay here legally? Her husband is a permanent resident and I am a citizen.

    My sister's husband, a permanent resident, filed a petition to get her an immigrant visa a year ago but was denied recently because he lives and works overseas. I am a citizen but I work overseas too and come back on holidays and summer vacations....

    David’s Answer

    Even if you were to sponsor your sister, the USCIS is currently handling applications for siblings of adult U.S. citizens from 2003, so it will likely take 13 years before her case is processed. She would NOT be able to live or work in the U.S. until the case is processed.

    Her choices are to re-file when her husband lives in the U.S. or be sponsored by a U.S. employer for an immigrant or non-immigrant visa. Good luck.

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  • Are immigration recruiters legal?

    I had someone offer to find me an employer to sponsor me for an eb3 in exchange for $5000. Is this legal?

    David’s Answer

    It sounds like the person is a headhunter that is focusing on your specific needs (type of work + sponsorship). This is someone that is hired to simply introduce you to potential employers - like an agent. You and any potential employer can then separately contract with each other for employment. Generally based on these few facts, as long as the headhunter is independent and employer complies with immigration laws when filing your application, I don't think it would be a problem on the immigration side of the case. You might want to ask about any agreement you would have to sign and what service will be performed, and then consult with an immigration lawyer and employment lawyer on the specifics.

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  • My husband is doing his residency on H1B visa and I have H4 visa ,can I apply for EAD?

    We are both Medical doctors, and have not started green card process yet

    David’s Answer

    You are not eligible for an EAD on an H-4 visa until your husband starts the green card process. You may try to get an H-1B for yourself.

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  • What to do

    Hello Madam/Sir - After waiting for around 2 weeks for the I140 approval in PP,looks like USCIS has lost my original application package which had the original signed Labor Certification.Now,my firm is planning to get in a new I140 application as ...

    David’s Answer

    The Department of Labor can reissue the letter. You or your firm's immigration attorney that is handling your application should contact them directly.

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  • My boyfriend is currently incarcerated, he has an immigration hold on him, what can I do so they do not take him?

    My boyfriend is currently in prison and has 6 months left to serve, he has a felony for having firearms. He currently also has an immigration hold although he does have his residential card. what can I do or what are the steps I need to take to ma...

    David’s Answer

    The only step you can take to try to keep him from being deported and losing his green card is to consult with a few immigration attorneys and hire the one that you think is best for the case. Your boyfriend needs a legal expert to help him with this serious matter.

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  • Can I file for adjustment of status?

    Over 20 years ago I came here with my parents. Enter without inspection. In 2003 my wife file an I-130 but did not finish the process after because I would have to exit the country to wait for an appointment. My wife is a USC. Since then, I have f...

    David’s Answer

    Yes, you have to apply for advance parole to leave the country to complete consular processing, since you entered without inspection. You really should hire an attorney to help you, don't try to handle this case on your own.

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  • How should we interpret the "admit until date" on I-94?

    This is regarding the visitor B2 visa of my mother-in-law. She came on February 2016 and the immigration officer at port-of-entry put a stamp in her passport stating entry on Feb 04 2016 and valid until Sep 03 2016. However, on the electronic I-...

    David’s Answer

    She can be admitted for up to 6 months. The safest bet is to go by the electronic I-94 date. File for an extension ASAP, it will take a while before you hear back, but as long as a valid application is pending she will not accrue unlawful presence.

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  • Can my spouse on H4 work in the US on the basis of a I-140 application ?

    I am on a H1B since 2012 and my spouse has been on a H4 since then. I have applied for a green card under EB2 and my employer has filed an I-140 application. I have my application receipt number. I would like to know if my spouse can start working...

    David’s Answer

    Your wife may apply for a work permit. She has to file for an Employment Authorization Document by filing USCIS form I-765. Once she receives the authorization, she can work. It may take 90 days to get the permit.

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  • Can my ex write a declaration is support of my VAWA application?

    i had a relationship before my current marriage. My ex and I are still friends. One time, she needed help with something and when i met with her, she saw i was suffering pain (caused as a result of an assult by my current wife). My questions ar...

    David’s Answer

    Ex's are friends too, sometimes. Shouldn't be a problem.

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