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Robert Philip Webber

Robert Webber’s Answers

154 total

  • Application to Adjust Status / Petition for Alien Relative

    I'm in the US under an L-1 visa. It expires in April 23 2009. I married a US Citizen in October 2006. I'm working on filling my I-485 and my wife is filling the I-130 form as well as the I-864. We are planning to submit all the forms at the sa...

    Robert’s Answer

    You need to pay for an hour or two of an immigration lawyer's time on this (or even consider retaining the lawyer for the whole process). While the process is straightforward, you are going to be very frustrated if you don't get things processed efficiently.

    For example, if your L-1 work authorization expires on April 23, you really need your green card based work authorization by that date to continue working unless your employer can and will extend your L-1. But it takes 90 days to get a work permit based on the I-130/I-485 marriage-case, so you have very limited room for a mistake or delay. I don't know how much money you make, but if you lose a month of work authorization because you tried to do it yourself and not hire a lawyer, then you might be losing out on the deal.

    For the I-765, if you want to know how to complete the form without hiring an attorney, review the instructions. I believe the relevant answer is "(c)(9)" - but you should read the instructions. Regarding other documentation to submit, again, you have to read the instructions for all the forms.

    If you want to travel abroad while your I-485 application is pending and after your L-1 visa expires, you will need advance parole.

    If you want to do a consultation by phone, feel free to email me to set one up:

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  • Citizenship

    If I a a U.S citizen but ,my parents are immigrants, how can I help my parents become citizens or residents?

    Robert’s Answer

    If you are a US citizen and your parents are foreign nationals with an intent to live in the United States indefinitely, then you can potentially sponsor them as immediate relatives using Form I-130. You can find the form at

    It is recommended that you consult with an immigration lawyer, and even retain one to advise you and your parents through the whole process, although it is true many people handle these kinds of cases without a lawyer.

    Note that it is not appropriate for your parents to come to the US on tourist visas, and then file the I-130 and I-485 for them to simply stay, so you will want to be sensitive to 'intent' issues

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  • F-1 to H-1B (without OPT)

    I graduated from a US university in 2006, and I'm currently in graduate school on a F-1 visa. My current school is likely to offer me a job and sponsor my H-1B, hopefully before April 2009. However, I may not finish my graduate program until Dec...

    Robert’s Answer

    Several considerations here: First, if your school is going to sponsor you for an H-1B, the school is exempt from the H-1B cap. So you don't have to worry about the H-1B cap lottery and an October start-date.

    Second, if you qualify for a position already and have a Bachelor's degree already, then the school could potentially file an H-1B petition for you prior to your completing a graduate degree, and you could finish your graudate degree in H-1B status. I'm not saying you or the school wants to do this; but it is an option. I often file H-1B petitions for people on March 31 who don't graduate with a graduate degree until May.

    Third, the issue of 'automatic' change to H-1B is a somewhat complex thing to explain. Presumably your school has in-house counsel handling H-1B petitions or a designated outside counsel. You should discuss these issues. It is possible to 'automatically' change your status from F-1 to H-1B. It is also possible to set up an H-1B petition for consular notification, requiring that you travel outside the US and get an H-1B visa to 'activate' the H-1B. This is determined based on a few different issues, including how you prepare the H-1B petition, that is, which boxes you check on the form.

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  • My story is as follows - i had h1b visa status. My job had a porbabitionary period of 3 months.My boss one day comes back from

    Is it possible that I can apply for b-2 visa even after job termination ?

    Robert’s Answer

    This question is not completed.

    If you lose your H-1B job, then yes, you can file an I-539 application to change your status from H-1B to B-2. You will have to document your ability to support yourself and your intent to leave the country after the B-2 status expires (up to 6 months).

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  • H1B renewal and travel

    I am a teacher on an H1B which was granted for 1 year . I have not got a visa as I transferred from a J1 visa to H1B without leaving the country. My H1B visa expires July 2009 and I will apply for an extension several months before that. Can ...

    Robert’s Answer

    You should be discussing these issues with the attorney who filed the H-1B petition for you.

    I assume that you have evaluated your J-1 status and that you are NOT subject to the 212(e) requirement that you go home for 2 years prior to getting an H-1B travel visa or green card.

    Assuming you are not subject to the two-year home residence requirement, then yes, you can go abroad, get the H-1B travel visa at the US consulate in London in April 2008, and re-enter the US then file the H-1B extension.

    Or you could file the H-1B extension prior to leaving.

    I guess you must be planning a trip over spring break. Note that the US consulate in London often takes several days to issue the travel visa from the date of the appointment, so you should be very sensitive to timing and whether there is actually enough time for you to visa process in April. (It depends on how long you have off).

    Teachers are often limited to H-1Bs based on their contracts or their licensure. It is an annoying (and expensive) thing - for sure.

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  • H1-B Visa Extension

    My H1-B visa is expiring on 9/30/2008, when is the best time for me to file for an extension (2nd year)? Also, my PERM application was filed by my employer on 7/31/08 what do you think is the chance of this getting approved before 9/30/2008?

    Robert’s Answer

    This posting was done in Dec 2008, and you keep referring to your H-1B status expiring on 9/30/08. I assume you mean 9/30/09, that is, Sept 30, 2009.

    You can file the H-1B extension within 6 months of the current status expiring, meaning you can file in April 2009 for an expiration on Sept 30, 2009.

    PERM processing is very slow. Right now (early Dec 2008), the US Dept of Labor is reviewing PERM filings from May 2008 which have not yet been audited, and filings made in Aug 2007 (that's right - 2007) - for cases that have been audited. The best site (albeit unofficial) for tracking PERM processing times is

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  • H4 travel for spouse while H1b extention pending.. Help please?

    Hi, I came to US in Jan 2007 on H1b visa along with my spouse who is on h4 visa valid till SEP 2009 sponsored by company A. For some work my spouse had to go back to the home country, while he was out of the US, I changed my employer and H1b ext...

    Robert’s Answer

    In this situation, it is recommended that you convert the pending H-1B petition for company B to premium processing so you get the approval notice, then send a copy of the approval notice to your husband in India. Then he can enter the US with his existing H-4 travel visa but show his marriage certificate and the new H-1B petition approval for company B, so he is admitted through an expiration that matches yours.

    It might be possible for him to re-enter the US with the existing H-4 visa without a copy of the new approval; but he may have issues, and his I-94 card will not match yours.

    You should be discussing these matters with your employer's lawyer.

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  • H1 to F1, H1 transfer

    hi, am looking for transfer my visa status from H1 to F1, am in NY, if it is possible, how do i do it, and do i need to leave the country? i was on F1 before...once i got my H1, i got it from a consuting company, he doesnt pay anything as of now,...

    Robert’s Answer

    If you were approved for H-1B status, effective Oct 1, 2008, and you have not been working, then you are not in a valid status and if you want to be in F-1 status, you need to obtain a new I-20, go back to your home country and obtain a new F-1 visa.

    It is theoretically possible to file an H-1B to F-1 change of status application (I-539); but since you are not "in status" - you should get the I-20 and apply for a new visa.

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  • Immigration

    Hi, I have a query on L2 visa, Is it legal for a L2 visa holder to stay back when the L1 visa holder departs? what is the time frame that the L1 visa holder can be away on a vacation from the US? Since I am currently employed I do not want t...

    Robert’s Answer

    Yes. I agree 100% with the first answer here.

    If the L-1 principal alien is going back to his/her home country and the L-1 employer has no current intent for him to return, then the L-2 spouse needs to leave also even though the L-2 spouse may have a valid EAD (work permit) and a job.

    This is pretty common with Indian L-1s, where the employer from India will send the employee to the US for a few months or longer then send them back home when the contract ends. I know it is pretty tough in the economy right now for software people, so a lot of the Indian firms are retrenching and sending people back to India.

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  • Fi visa

    hi there what heppen if my i 20 form expire i am here with f1 visa can i stay in usa or what can i do for stay here after my i20 expired. thank you

    Robert’s Answer

    The validity of the visa stamped in your passport has no bearing on how long you can be in the US. The validity period of your program, as listed on Form I-20, is important. You are allowed to stay in the US as long as you are currently enrolled in your program. You should contact your program's DSO (Designated School Official) for details. You should be open and upfront regarding your interests to see what rules apply to you and how much flexibility you have. The DSO is a good resource (and should be free since you are a paid international student).


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