Skip to main content
F. J. Capriotti III

F. Capriotti’s Answers

36,074 total


  • Adivce on Change of Status from H1 to H4 and payroll situation

    My wife is currently on H1. Her i94 was till 02/16. Her employer (she works for a consulting company on corp to corp ) filed extension in 01/16.we welcome our new born baby in 03/16. She was on maternity leave from then. After much deliberation, ...

    F.’s Answer

    The first problem is that she appeared to have been working for a job shop ... that type of semi-employment relationship is being looked at more and more closely by CIS.

    Second, you forgot to tell us what the RFE asked for.

    Third, you forgot to mention whether or not the extension was granted.

    Forth, you didn't mention whether or not she stayed on the payroll with full benefits.

    Fifth, Is 4 months normal company policy for ALL WORKERS to get maternity leave?

    Thus, your questions can not be properly answered on an internet blog. Consult with an attorney in private ... many use Skype.

    See question 
  • Risks of being listed as a "reference" in a work visa application in the US

    Similar to an existing question (https://www.avvo.com/legal-answers/risks-of-being-listed-as-a--reference--in-a-visa-a-1450044.html) but not exactly the same. Someone from Japan asked me for a recommendation letter for his O-1 visa, which he'...

    F.’s Answer

    If you write the truth and don't get carried away, there shouldn't be any risks.

    See question 
  • I got my H1B visa in 2007 and worked on H1B for two years. Is it possible to reactivate H1B to work in USA. I am from India.

    I got my H1B visa in 2007 and worked on H1B for two years. Is it possible to reactivate H1B to work in USA. I am from India and I would like to come to USA to work on the same H1B I applied in 2007. Is it possible to reactivate?

    F.’s Answer

    Keep in mind that it is not "your" H-1B ... the papers belong to the company that filed the papers.

    Although a new company can try to 'save' the unused 4 years of the H ... most likely they will not be successful ... the 6 year period ended in 2015.

    Still, you can talk to a company to see if they are willing to take the chance by paying a lot of money for attorney, filing fee, etc.

    See question 
  • Can I apply for a waiver for the 10 year bar?

    I lived in the US for 10 years as an overstay. I have 3 minor citizen children, and no other citizen or resident family member. I left the US, and when I went to the consulate in Brazil to get a visa, I was denied and given a 10 year bar. Can I ap...

    F.’s Answer

    Sorry, children don't 'qualify' as relatives for waivers.

    See question 
  • Abuse spouse petition

    How long abuse spouse petition takes as of today? If any body filed for abused what is the real time frame?

    F.’s Answer

    I concur with my colleague ... 9-12 months is a good estimate.

    See question 
  • Medicare in NYC for senior over 65y.o. US resident for 4 years

    Dear all, I'm looking for a legal advice on eligibility to get Medicare for a senior who has Medicaid already in NYC who has never worked in USA. Has being a legal resident for 4 years with special needs. Please let me know if any specializes i...

    F.’s Answer

    Somehow this ended up in immigration... I'll re-classify.

    See question 
  • Will the process of getting an interview be faster if you have an address on the west bay compared to the east bay of norcal ?

    i am an asylum applicant (pending) and i will move to north california from south california (the worst queue) for a job offer. "somebody" actually a pastor (he meets a lot of religious asylees) informs me that having an address in any city on the...

    F.’s Answer

    It is nice that this non-lawyer pastor is giving legal advice.

    I too doubt it is true.

    I can say that if you move, your file will be processed slower ... it takes time for them to update addresses.

    Also, what country you are from has more impact on processing times ... the Asylum Corp has different 'country' specialists ... some are more busy than others.

    See question 
  • What 1-130 visa

    If I file for him with 1-130 would him have green card on arrival

    F.’s Answer

    There is no such thing as an I-130 'visa' It is a 'petition' which merely starts the process.

    There are many, many more forms which must be done after that.

    See question 
  • Do I have to submit photocopy or original DS-3025 with adjustment of status application?

    Hi, I am on k1 visa and plan to send my AOS application soon. I already got all my vaccinations for k1 visa before I came to US and they are done within a year time period. The physician back home gave me applicant copy of the vaccination suppleme...

    F.’s Answer

    Submit the photocopy and have the original available at the interview.

    See question 
  • Can I close my asylum case and get a green card through my employment?

    I came to US as a student. Applied for asylum in 2011 but went to the court. So far its in the court with prosecutorial discretion. I am in college right now. Almost done with my Bachelor's degree in Computer Science. Will I be able to obtain a gr...

    F.’s Answer

    Sorry, you can't get a work based greencard because you can't file the I-485.

    Talk to an attorney for clarification/confirmation.

    See question