Archived
What is the definition of prevailing wage in terms of the I-485 Adjustment of status. Does it include usual fringe benefits?
Scott's answer
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Answered on July 18, 2011
It does not. Wages for purposes of determining whether an employer is paying the prevailing wage are calculated only to include guaranteed salary...
Archived
I have overstayed my visa almost 2 years ago I'm still in the USA. How do I obtain a green card?
Scott's answer
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Answered on July 18, 2011
You need to speak with an experienced and knowledgeable immigration lawyer. If you entered on the Visa Waiver Program (VWP), which allows...
Is it true that petty retail theft is no longer a CIMT according to...?
Scott's answer
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Answered on July 18, 2011
That is not correct. Petty retail theft has always been and continues to be a crime involving moral turpitude (CIMT). What the lawyers may have...
Archived
H1C I-94 expired 12/13/2010; fresh H1B filed was denied 4/20/2011; appeal filed 5/16/2011. When will 180 days starts?
Scott's answer
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Answered on July 18, 2011
Generally, the 180 days will be deemed to start upon the expiration of your I-94 card. Read the case of Bokhari v. Holder, 622 F.3d 357 (5th Cir....
Archived
Can I get a new visa if my current student visa have expired, but I maintain I-20 status
Scott's answer
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Answered on July 18, 2011
It is never possible to guarantee that a U.S. consulate will issue a new F-1 visa, but if you have been maintaining your F-1 status in the U.S., in...
Does "Parole in Place" apply to soldiers in the Army National Guard?
Scott's answer
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Answered on July 14, 2011
Spouses of active service members have been granted parole in place where they are otherwise eligible to adjust their status. This should include...
Archived
Cancel visa petition
Scott's answer
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Answered on July 14, 2011
You may withdraw the visa petition any time before the visa is actually issued. You should contact the NVC and request instructions for doing so. ...
Archived
Do I have to update my marital status with USCIS?
Scott's answer
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Answered on July 14, 2011
I would notify USCIS and file an amended I-485 without fee. The I-485 does ask for your marital status and information about a spouse and...
Archived
I'm illegal and work at the restaurant. what should i answer how could i work without authorize but i married with us citezen?
Scott's answer
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Answered on July 14, 2011
You should consult with an experienced and knowledgeable immigration attorney. Marriage to a U.S. citizen does not entitle someone to work...
Archived
H1B Job will be terminated in 1 Month - When to file COS?
Scott's answer
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Answered on July 14, 2011
Leaving one's job and needing to wind down is usually an acceptable reason to change status to B-2. Looking for another job is usually not...