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Gen Kimura

Gen Kimura’s Answers

2,726 total


  • I129 denied. What r my options. can I transfer to H4 while staying back in the country or should I leave country& then file H4

    Got a I129 denial notice. yet to get the full details.. wondering what my options are on table. My spouse is on H1B. I was on H4 then moved to F1 and then to H1 and on H1 transfer this denial issue came up. Planning to change to H4 and then get EAD

    Gen’s Answer

    You are out of status and can not change your status. You can do H4 consular processing.

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  • What if my H1 frm Co X gets approved-what do I do If it gets denied- can I apply for H4 (my spouse is on H1.) should I leave US

    I had my H1B from company A. Company B acquired company B. I moved my work location from TX to NJ and Company B file for I129 - they said its just amendment(don't know the full details of what petition was filed). Got an RFE in Oct 2015, replied i...

    Gen’s Answer

    Even if USCIS approves the Company X's H1B petition, you probably have to do consular processing.

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  • H1 cap exemption without change of status

    Dear Sir, Currently I am on H4 on maternity leave. My company is filing for H1 cap exemption without change of status since I am still in maternity leave. I have 2 queries as below: 1) Can the H1 cap exemption be filed without change of status...

    Gen’s Answer

    • Selected as best answer

    1) Yes if your employer is a cap exempt institution.
    2) No, but once you leave the U.S., you have to obtain an H1B visa to enter the U.S.

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  • What is the status of h1b who applied h1-h4 COS and out of job after getting receipt notice and before approval.?

    I applied h1-h4cos this week for my wife and she is still in job as of today. Since h4-cos now a days taking 5-6 months, what if she lost the job ro if she want to leave the job in next month or so? Once we have h4-reciept can she be in USA withou...

    Gen’s Answer

    If your spouse lose her job, then USCIS will deny your H4 COS application. If she fails to maintain her H1 status, you lose your H4 status.

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  • Is it possible for me to switch my status from visiting to student

    I came to the state 10 months ago with a visiting visa (2 years), but at the port of entry, my passport was stamped with a 6 months permit which had already past. Now im planing on going to college to pursue a degree in business admin.

    Gen’s Answer

    You are out of status. You can not change your status. You have to go back to your home country and do a consulate process. Also, if you have been unlawfully present in the U.S. over 180 days, but less than 365 days, and then depart from the U.S., you are inadmissible for the next three years.

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  • How to obtain copy of the doc submitted in 1999 to department of labor?

    In 1999 my father's company submitted form for his sponsorship. Then, the company was closed in 2002, but no information was received from department of labor. I was 9 years old in 1999. Am I grandfather under 245(i) ? Where and how can we obtain ...

    Gen’s Answer

    You can submit a FOIA request to DOL. You should also submit a FOIA request to USCIS as well.

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  • When I am eligible to Adjust Status to Permanent Resident

    Don't know when I am eligible to Adjust Status to Permanent Resident. I know my priority date is 2/25/97. I was under 21 at the time my dad filed for me and he was still a permanent resident. I turned 21 in August 1998 and my dad became a US citi...

    Gen’s Answer

    You are 1st preference, unmarried sons and daughters of U.S. citizens.

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  • Will that be a problem if I submit this birth certificate for my son with the form I-130 ?

    I am overseas and applying for my new born son's immigration. I registered the birth of my son after two and half months, but the municipal authorities marked it as late entry.

    Gen’s Answer

    Delayed birth certificate is a always problem as USCIS can question a validity of the birth certificate.

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  • Am I eligible to apply for green card?

    Hello. I am a current F1 student who owns a B.S in nutrition. If a company is willing to sponsor me green card, but the company has nothing related to my field of studies, will I be eligible to apply for green card?

    Gen’s Answer

    Probably not, but you and your employer still would like to have an attorney review the facts of your case to explore other possibilities.

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  • Will my son be able to get an F1 Visa?

    Hi. I am an F1 visa holder and my son who was on F2 visa just turned 21 years old. His F2 visa has now expired so I don't know what to do next. Can he apply for an F1 visa?

    Gen’s Answer

    If your son is still in the U.S., he is out of status as he turned 21. Please contact your school's DSO asap.

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