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F. J. Capriotti III

F. Capriotti’s Answers

36,939 total


  • Changed from an ESTA to a F1 in the space of a day, is 17 days too soon to re-enter the US? VERY UNSUAL CIRCUMASTANCES!

    This is a pretty complex & strange scenario. I am a female turning 22 & from the UK. Basically my father has been a perm US resident for 14 years & married to a citizen for 15. I dropped out of university 2 years ago. My Dad mentioned the possi...

    F.’s Answer

    You should be fine. Especially if you don't plan to leave the US for at-least 9-12 months.

    Why that long, or longer? Because your step-mother can sponsor you for a greencard and you won't need to pay the higher tuition that the CC is charging you as a foreign student.

    See question 
  • How much time can a US permanent resident stay outside of the US?

    For example if i want to work in germany, for how much time can i stay outside of the US without problems?

    F.’s Answer

    Anything longer than 180 days per trip can cause issues ... even with a re-entry permit.

    See question 
  • I have a concurrent H-1B visa which is valid until 2018. Are there any travel restrictions?

    I am planning on flying to Puerto Rico. Although technically this is considered a domestic flight, without passing through customs, would there be any risk on my part? And what documents would I need with me if I do travel?

    F.’s Answer

    I agree with my colleague ... do both employers know about each other?

    Are there two attorneys involved?

    Have you talked to on, or both, of these attorneys?

    If so, what did they say?

    If not, why not?

    See question 
  • Can i still travel the states wherever i want in the US when my J1 visa expired while waiting for my F1 visa?

    i am waiting for my F1 visa would be approved. My current visa status is going to expire in a week.

    F.’s Answer

    You should carry a copy of the I-539 and the fee receipt with you.

    See question 
  • H1B transfer

    I am currently working with employer A (a start up company) on h1b. I recently got a job offer from employer B. I have the recent pay stubs (last 2 months) and other required documents for h1b transfer but my employer A still owes me some of my p...

    F.’s Answer

    What did the lawyer working for 'employer B' have to say?

    If you haven't talked to him/her yet ... why not?

    NOTE Do not talk to the NON-ATTORNEYS in HR ... other than to get the lawyer's phone number.

    See question 
  • Hi there I filed i-140 petition for the EB1 visa as a person with extraordinary ability.

    USCIS denied petition more than 1 month ago. Thus, I am not eligible to file appeal for the denial. Also, I would not like to send the petition again, because I am not more engaged in the main activity of "extraordinary ability". But I would like...

    F.’s Answer

    First, before you can go to court you have to appeal to the AAU ... information on your appeal deadline should have been contained in the denial letter.

    Part of the letter would have said something like: "If you choose to appeal the denial, you must complete and file the Form I-290B. You must file the I-290B within 30 calendar days (which include weekends) from the date you received the denial (33 days if the decision arrived by mail)."

    Why do you say that you are 'not eligible' to file an appeal? Have you missed the deadline?

    See question 
  • Can I apply for Refugee status in U.S. ?

    I've been studying college in U.S. for 22 months. I am an F-1 student who's father fired by the government in Turkey because of an allegation without any evidence. My father was my only sponsor, and now I am desperate. I need to work in U.S. to af...

    F.’s Answer

    First of all, refugee status can only be applied for from outside of the US. If you are in the US, it is called an application for asylum.

    Your facts do not sound like an asylum case .. more of economic hardship ... for which I can emphasize.

    Talk to your foreign student adviser about a hardship student work permit.

    See question 
  • Will there be complications for a H4 dependent visa interview with a previous B2 visa rejection 3 years back.

    Hi, I recently got married and currently going to get a H4 for my wife. My H1B is approved and valid. My wife has a B2 tourist visa rejection 3 years back when she was a student. The visa officers were not clear in mentioning the reason for the r...

    F.’s Answer

    There is no 'non-immigrant intent' requirement for an H-4.

    But, have you talked to the lawyer that did the H-1B?

    See question 
  • Hi, I have applied for 24 months stem opt extension, i received i797c form through mail.

    The name given on notice is "krithin k. kondadi", but all my documents submitted has the name "krithin kumar kondadi", Even my previously issued OPT EAD has the name "krithin kumar kondadi". should i call uscis about the issue or wait untill t...

    F.’s Answer

    The person typing the information on the computer was probably being lazy.

    I see no significant difference ... don't stress & have a good night/evening.

    See question 
  • Can my attorney refuse to give me back money orders I got to send with immigration but paperwork was not sent?

    I told my attorney i no longer wantwd them to represent my husband and I because they have not been communicating with us, and we found out our paperwork was never received at USCIS when lawyer said it was "pending. i asked for the information we ...

    F.’s Answer

    If you signed a contract with this lawyer .. you must read it.

    If she can not put a 'lien' on your papers, she must return them.

    Call the New Jersey Bar if you feel it is necessary, and read this:
    http://www.judiciary.state.nj.us/oae/fee_arb/fee_arb.html

    See question