Skip to main content
Gen Kimura

Gen Kimura’s Answers

2,726 total


  • If I marry any US citizen after 180 days of being out of status, so will I be granted green card or it will be denied?

    I came to US in student visa and married to USC. However, it didn't worked out and eventually ended up in divorce. My SEVIS has been terminated and i485 is rejected. I have been out of status for like 2 months. I want to marry my cousin after the...

    Gen’s Answer

    First cousin marriage is prohibited in Texas.

    See question 
  • Is it necessary to fill out a G325A for I-130? Would it be ok if don't attach a G325A with my I-130 for spousal visa?

    Thank you

    Gen’s Answer

    It is a required form. You must submit with Form I-130.

    See question 
  • Given that i94 extension is in process can EAD be filled later on after a decision is made for i94 or it is necessary to file E

    I am on L1A , and is on i94 valid till 1st June 16. I am in process of filing the extension. my wife has a EDA which is valid till 1st June 16, this date is same as my i94 expiry. as per USCIS EDA renewal need to be filled max 90day before the exp...

    Gen’s Answer

    The EAD application should be filed after L1A extension petition and L2 extension application are approved.

    See question 
  • Do I qualify for EB2(NIW) and EB1-A category? How much is the attorney fees for filing both of them?

    I am currently working for a University and have my I -140 approved in EB3 category. I am planning to file for EB2(NIW) and EB1-A category. I have two graduate degrees from US and more than 7 years of work experience, but University cannot file f...

    Gen’s Answer

    Its best to have an attorney evaluate your resume to see if you meet either NIW or EB1A requirements.

    See question 
  • Which one (EB2-NIW or EB1-B-Premium) is easier to get approval?

    I am from Iran. Now, I am working in research faculty position in US with non-immigrant visa. I got evaluated before and I know, I am eligible to apply to both EB2-NIW or EB1-B (Premium). I know through EB1-B (Premium) I would be evaluated in 15 d...

    Gen’s Answer

    It depends. EB1B must be sponsored by the employer whereas self petition is allowed for NIW. If you are an tenure-tracked professor and meet the rest of the EB1B requirements, EB1B might be better option. If your employer will not sponsor you, then you have to go with NIW. For a NIW petition, you basically have to prove that you are better researcher than the other researchers in your field. USCIS will consider evidence such as expert letters, citations, invited reviewed, number of peer reviewed articles, journal impact factors, etc.. to determine whether you meet the NIW requirements.

    See question 
  • Can I, as a US citizen, file a non-immigrant k3 spousal visa while living abroad with my husband?

    Hi, Can I, as a US citizen, file a non-immigrant k3 spousal visa while living abroad with my husband? I know that the immigrant k3 requires US residency and a US domicile but I didn't see anything mentioning the non- immigrant k3 visa. If it is...

    Gen’s Answer

    You have to show the U.S. consulate that you have a pending I-130 in order for your spouse to receive K-3 visa.

    See question 
  • Can I apply for Motion for reconsider now i.e. after 33 days.

    I have applied the H1b last year (2015-16) but my petition has been denied. Unfortunately my lazy petitioner had not replied within 33 days. So can I apply for Motion for reconsider now i.e. after 33 days.

    Gen’s Answer

    Your employer could try if the late filing is due to issues with the mail service.

    See question 
  • How can I answer what address my spouse intends to stay in the US? I currently live withh I'm abroad.

    Can I, as a US citizen, file a non-immigrant k3 spousal visa while living abroad with my husband? If so, how can I answer what address my spouse intends to stay in the US? I currently live with him abroad. I have an online job that permits travel.

    Gen’s Answer

    You have to prove that you intend to come back to the U.S. before USCIS approves your I-130.; thus, you are requested to provide the U.S. address. You could use your family member's address if you don' have a permanent U.S. address.

    See question 
  • H1B Layoff

    I am currently on H1B visa valid till June 2017. I recently got notified by my employer that due to a financial loss we are downsizing and I have until 27th April to find something within the same company or else my employment will be terminated o...

    Gen’s Answer

    You will be out of status after 4/27. If you find a new job before 4/27, the new employer can file an H1B and can start to work for the new employer. If the new employer filed the H1B after 4/27, the outcome will be unclear. USCIS has a discretion to forgive a minor gap in status and grant an extension if the gap in status is not your fault.

    See question 
  • Can I file for green card with 3+1 degree from India under EB2 category?

    I have a 3 year degree followed by a 1 year diploma from a prestigious institute in India with 19 years of experience. I am currently on L1B visa which is going to max out in Oct 2017. My company is filing for H1 and GC this year. My company lawy...

    Gen’s Answer

    • Selected as best answer

    Best course of action is to send your diplomas and transcripts to AACRAO and have them evaluate whether you have bachelor's degree or not.

    See question