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F. J. Capriotti III

F. Capriotti’s Answers

36,932 total

  • Canadian PhD student studying in US: Can I engage in business activities in US?

    I am a PhD student studying at a university in Illinois. I have Canadian citizenship. Although it will be good to found my company in US, that is not necessary. I can found my company in Canada or in any country. What is necessary is marke...

    F.’s Answer

    absolutely not.

    Even if the company is founded in Canada, if you do any work, albeit only management, you will be violating your F-1 visa.

    Talk to an attorney in private via Skype to learn more about the dos and don'ts of the F.

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  • Can I get EB2 based GreenCard while waiting for Asylum interview?

    Hi I am waiting for my asylum interview in California. The interview will occur in 2 years approx. While waiting for the interview I am working for a US company with my work permit (asylum based). The employer wants to apply to EB2 for me. Can I ...

    F.’s Answer

    Here's the problem ... you appear to have violated, or have expired, whatever 'underlying' non-immigrant visa you had.

    This makes it super difficult, if not impossible, for you to 'adjust status' to an EB-2 greencard.

    Meet with the employer and an immigration attorney to clarify/confirm.

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  • Can two people from same country get E-2 investor visas through the same U.S. company?

    Two partners intend to invest in a U.S. company on a fifty fifty basis. They are both from the same country which has an agreement for investor visas with the U.S. Can they both get E-2 investor visas through the same company?

    F.’s Answer

    This is very difficult to do ... but not impossible.

    Talk to an attorney via Skype to explore things further.

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  • Can I get an OPT after finishing an certificate program if I already have done an OPT after AA-degree?

    I am planning on doing a 9 month certificate program in UCLA Extension, it qualifys for a F-1 visa and for OPT. I have already graduated from SMC with AA degree few years ago and done OPT then. Does this mean I can't get OPT anymore after finishin...

    F.’s Answer

    My guess is that the answer will be no.

    Talk to the DSO .. .he/she is in control of your SEVIS.

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  • Is it legal to stay and work in US while H1B application is pending?

    i am on J2 with EAD currently employed. My EAD expires 08/28. My employer filed COS to H1B Under premium processing (I612 already approved). While pending can i continue working from 08/29 or do i need to leave US?

    F.’s Answer

    Yes, you can stay.

    No, you can not work after 8/28 ... you need to wait for the actual approval.

    No, you don't have to leave the US .. you just can't work.

    Thus, you'll probably be taking a few days off at the beginning of next week.

    Keep in touch with the company lawyer, he/she usually gets an e-mail approval before anyone else.

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  • Im h4 visa holder from India. I have demat ac and trading ac in india. Can i do trading/invest in indian stock market ?

    Im h4 visa holder from India. I have demat ac and trading ac in india. Can i do trading/invest in indian stock market?

    F.’s Answer

    You can do whatever you want back home ... as long as you're not using a US-based computer or telephone to make the buy/sell orders ... that activity would be forbidden under the H-4 rules.

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  • Extension of b1b2 visa.

    its been more than 3 months that i am in USA on b1b2 visa... i am a doctor and applying for residency in USA and application starts from september 15th and interviews are conducted from october to january.. and i have applied for extension for 3 m...

    F.’s Answer

    1. If you leave by November 3rd, you will be fine and the extension application will be abandoned.
    2. Yes, but it will be a big mess
    3. Yes, they can cancel the B-1/B-2 that is stamped in your passport by the US Consul.

    Why not have a professional consultation with an attorney via Skype ... I'm sure that you would recommend that I see a doctor if I'm having problems/issues.

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  • My husband is currently in a detention center, I am receiving cash assistance for our daughter, will this info be shared to ICE?

    For the last 7 moths I am receiving cash assistance, and my husband was just arrested by ICE, Im wondering how this will affect his case since I've heard that based on the fact that he has a US citizen daughter, he could apply for a work permit an...

    F.’s Answer

    No, having a US Citizen daughter will be of no assistance ... until she turns 21.

    What is your immigration status in the US?

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  • Overstay

    Hello my parents overstay in USA and they left the country voluntarily, I am closed to be a USC, they are ill back in Colombia, what is the process for me to bring them back??

    F.’s Answer

    Talk to an attorney, they probably have a 10 year bar ... and you aren't a 'qualifying relative' for the required waiver.

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  • What's the expected waiting period for K-1 Visa after application?

    Applied for K-1 visa as a fiance of a U.S citizen. How long will it take for the approval of the visa?

    F.’s Answer

    I have one where the lady arrived in the US 2 weeks ago ... exactly 12 months after filing.

    I usually predict 9-12 months before someone steps off a plane in the US ... with many steps in between.

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