Skip to main content
Dustin Jermaine O'Quinn
Avvo
Pro

Dustin O'Quinn’s Answers

19 total


  • EB-2 Experience with same employer as Freelancer is acceptable ?

    My experience after education is 7 years with different employer mostly are not in business even my old bank account where I was getting salary is closed many years ago. but from last 6 years I am working with an US employer who is willing to spon...

    Dustin’s Answer

    The fact that your experience with the sponsoring employer was in a different country may be helpful. It may also help that you were not an actual "employee." The sponsoring employer's Immigration Attorney should analyze all of these facts and let you know whether or not you can use that experience or not.

    Note that many applicants are forced to get letters from old positions they held in Pakistan. If the company is not in existence anymore, you will need to obtain a letter from someone else who worked there at the same time as you to verify your employment and experience. Your sponsoring employer's Immigration Attorney will be able to provide you with more specific advice on who can write the letters and the information they must include.

    See question 
  • Who can I appeal to if USCIS has delayed the process ? What options do I have etc.

    Applied for N400 on June 1 2015 (processing date). Finger printed in June 2015. Interview still awaited. USCIS website states cases with processing date or June 23, 2015 being processed. Have to get this done so I can travel to see sick family in ...

    Dustin’s Answer

    There is a National USCIS telephone number you can call. Read your receipt notice carefully and/or check your case status online for additional instructions.

    It is not an "appeal," however. You should speak with an immigration attorney about potentially expediting this process for you.

    See question 
  • How long can I remain on H1B without a job? Is there a grace period ? And is it considered 'out of status' even if valid h1b /h4

    I am on a H1B since 2015, Oct 1. Before that I entered US via my H4 visa. My H4 visa on passport is valid till Nov 2016 After, gaining H1B status in Oct 2015 I could not get a Job till now. Now, If I want to regain my H4 status. i want to un...

    Dustin’s Answer

    You are considered "out of status" on the last day of your H-1B employment. In certain situations, the government may grant an unofficial "grace period." Your options could include - but are not limited to - applying to change status, finding another H-1B employer, or departing the U.S.

    I agree with my colleague that you should seek substantive legal advice from a corporate Immigration Lawyer to review your options and develop a strategy for maintaining or regaining a valid status or period of stay.

    See question 
  • What are the pros and cons of each ?

    for employer sponsored , perm vs niw. I am currently on an h1b almost 4 years up.

    Dustin’s Answer

    If you can meet the strict requirements of NIW, the entire process should be faster. That is the benefit. Definitely speak with an experienced Immigration Attorney who is knowledgable about Labor Certification applications and employment-based Immigrant visas.

    See question 
  • RFE was received on PP & jan 15 documents were sent .On monday 25th status changed to received how long will it take to approve

    we had applied for extension premium processing along with amendment ; visa is valid till june 2016. RFE was received & documents were submitted on JAN 15 the uscis shows the status as documents received ; As per the calendar days tomorrow is th...

    Dustin’s Answer

    You should have a response 15 calendar days from the date the RFE response was received by USCIS. Use the www.Timeanddate.com date calculator to determine the expected date of response.

    Speak with your attorney regarding the response date, the type of response (approval, denial or second RFE), and timing of physical Approval Notice, which may be required for a new visa if one is needed.

    See question 
  • Does an EAD gives me the right to live in US also?

    My employer recently sponsored my GC and I'm waiting for my interview, but I'm still on F-1, I got my EAD based on my AOS application. I'm considering leaving college and abandon my F-1 to work full-time, would that be a problem?

    Dustin’s Answer

    The EAD grants work authorization. The pending AOS application means that you are in a "period of authorized stay." A period of authorized stay is not the same thing as a "valid status." I agree with the other attorneys that the safest thing to do is to maintain your valid status. If your AOS application happens to be denied and you have no valid status, you would have to leave immediately. If your AOS is denied while your F-1 is still valid, you will have better options for remaining in the U.S.

    See question 
  • Is it legal to start working for your future employer as soon as they file the h1b transfer petition?Even before receipt number?

    I am in H1b visa and joining a new company by transferring my h1b.

    Dustin’s Answer

    You may start working as soon as USCIS receives the petition.

    It is wise to wait until you receive the Receipt Number (just to be sure that the petition has been receipted and not rejected, or lost, or delayed). If the petition is filed via the premium processing service, you may use the electronic Receipt emailed to you by USCIS to begin working.

    Some employees and/employers even choose to wait until the petition is approved to avoid any risk at all.

    It will be up to your Employer to decide if they are willing to complete your I-9 with the Electronic Receipt, Physical Receipt, Electronic Approval, or Physical Approval. Your employer should discuss this with its Immigration counsel. Additionally, it is up to you to determine how you want to plan the timing of giving notice of your departure at the current/previous H-1B Employer.

    See question 
  • When is this "year abroad" completed and a new L1 application can be made, January 10th or April?

    Hi, I'm a Spanish citizen that was on a L1 Visa for 6 years; the visa expires on Feb 2016, but my company closed in January 2015. A new employer agreed to sponsor a new L1 visa for me, but in order to do that there were two requisites we were tol...

    Dustin’s Answer

    Spending three weeks in the U.S. on visa waiver last April will not interrupt your "one year of employment abroad" requirement for the new L-1, as long as you can prove that you have been employed with the Company since last January.

    You should speak with this company's immigration counsel regarding starting your L-1 application preparation right now.

    If you have a strong made for entering as an L-1A, then you should also discuss beginning your green card petition soon so that you do not reach this situation again in seven years.

    See question 
  • I live in VA and I need a letter of employment from my current employer. They refused to give me. What can I do?

    I need it to apply for immigration and sponsor myself. They are extending the matter and wasting my time.

    Dustin’s Answer

    This depends on a number of factors. The first thing you should do is reach out to your Employer's immigration attorney to determine if there is any alternate strategy. Depending on the status for which you are petitioning and where, you may be able to present pay stubs, an offer letter, etc.

    There are limited circumstances in which you can apply for immigration status with absolutely no input from your employer. You should speak with an Immigration attorney.

    See question 
  • Can I use my I-797B approval notice to apply for a H1B transfer, before stamping?

    Hello, I am currently in the United States and been working with Company A at a client location (Company B). My visa status is F1 (OPT STEM Extension) which is valid until Dec 2016. My H1B was filed by Company A under consular processing...

    Dustin’s Answer

    Don't be so quick to judge your previous attorneys. If you had to travel internationally this summer a consular processing petition may have seemed like the best option during the first quarter of this year when the H-1B was being strategized. Your employer at Company A (with their attorney) may have thought this was the best option to allow you travel this summer as well as to keep you in they reemploy for just a little longer - giving you more than six years from this October 1.

    If your OPT is still valid you can work for any U.S. company as long as it meets the requirements of your STEM extension. Before your OPT expires, Company B will need to have an approved H-1B petition for you. Please speak with Company B's immigration attorney.

    See question