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Neil Ian Fleischer
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Neil Fleischer’s Answers

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  • What are my chances to get approval if my H1 transfer is filed in normal premium processing?

    I am on H1 B Visa and my i797 and i94 is valid till August 2017. I got terminated within one day notice and my last day at job was June 30 2016. I got a new job last week and they filed the labor and the labor got certified today. The employer...

    Neil’s Answer

    premium is better for you. USCIS has discretion to approve your change of employer despite being out of status
    you could go for Consular processing and be just fine

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  • What happens if USCIS doesnt approve H1B extension application after 240 days of I-94 expiry.

    My H1B Extension was filed with USCIS, but I am nearing my 240 days after I-94 expiry date. Do I need to leave the country if I dont get approval within next few days.

    Neil’s Answer

    You do not need to leave the country, but you are not permitted to work. You may want to consider premium processing

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  • H1B processing

    I am willing to file a H1B visa petition next year 2017 for myself. I am working for a US based MNC in India and having background in Information technology field. Can I have guideline from an attorney in US who can help me to process H1B for me.

    Neil’s Answer

    You will need a US Employer to sponsor you for an H-1b. You can not sponsor yourself. IF you have a company willing to sponsor you, you should talk to hat employer about retaining an attorney

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  • Is it OK to travel outside United States to India and get visa stamping if I was recently convicted of disorderly conduct /M4?

    I am currently on H1B and US consulate in India requires me to fill out an application to reenter United States. Because of my conviction, I am worried that I won`t be allowed to let in back to the United States. Is there a way I can clear my reco...

    Neil’s Answer

    There is no way to clear your record. Even if case is sealed / expunged Immigration can go behind it and see it. That said, you should hire a lawyer to see if this would make you :inadmissible" and potentially provide a memorandum of law that could help you with stamping.

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  • Can a person who own IRS serve as a joint sponsor for a person who file I-485

    I was asked by immigration to send in new joint sponsor, if my old joint sponsor don't meet up with the initial requirements for I-485. I want to use my friend who earn 125% but own IRS.

    Neil’s Answer

    I agree. I am not sure it would even come up with Immigration

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  • Can i still file form i-130 and form i-485 even if i dont have an i-94 number?

    I entered the U.S. And went through immigration. The immigration officer stamped my passport. I went online today to retrieve my i-94 but sytem said file not found. I wrote an email to cbp it have it corrected but the reply was "the computer says ...

    Neil’s Answer

    Yes, just provide the stamp and explanation . It should not be a major problem if you can show you were "inspected" and admitted properly

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  • Should I send both tax returns ( mine and my husband's) if me and my husband filed separately?

    My husband wanted to file separately because he thought he save some money and it's a better deal, so he did. Now I m sending papers to immigration and wonder do we need still to send them returns or they need only joint return ?

    Neil’s Answer

    Are you filing an I-751? If so , i would send both tax returns, w-2s and all scheudles of the 1040

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  • H1 approved without COS, Currently on H4.

    Hi, I am on H4 currently. My employer applied for H1 and has been approved. But the employer did not file for COS while filing for H1. Now what is the process for Change of status. Do I need to go out of country for it and get stamped. Or is ther...

    Neil’s Answer

    cost will depend on who is hired to do this . why did they not do COS? you may want to look into -824... but this can take 6 months to approve. leaving the country could be the best option.. consult a lawyer

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  • Does my spouse (beneficiary) have to provide a birth certificate when we file the I-130?

    Does my spouse (beneficiary) have to provide a birth certificate when we file the I-130?

    Neil’s Answer

    no, but most practitioners will sully do this

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  • Can I transfer my H1B visa last used in 2009? I was granted visa in 2005 and used 4 years out of 6. I have a job offer in hand.

    First H1B issued - 2005 Last date of use - Mar 2009 Can I claim remaining 2 years now in 2016?

    Neil’s Answer

    Yes you can
    An H-1B employee who was previously admitted to the United States in H-1B status, but did not exhaust his or her entire period of admission, seeks readmission to the United States in H-1B status for the “remainder” of his or her initial six year period of maximum admission, rather than seeking a new six-year period of admission. ..USCIS for now will allow an alien in the situation described above to elect either (1) to be readmitted for the remainder of the initial six year admission period without being subject to the H-1B cap if previously counted, or (2) seek to be admitted as a “new” H-1B alien subject to the H-1B cap

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