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Gen Kimura

Gen Kimura’s Answers

2,726 total


  • Can I file for for my fiancee now or do I have to wait for my marriage to my former spouse to be 5 years?

    I became a naturalized citizen 7 months ago through marriage after the mandatory 3 year period but my husband has since filed for divorce 4 months ago. I met someone before the divorce was final and we plan on getting married soon. It has now come...

    Gen’s Answer

    Yes. You can file Form I-129F for your fiancee. Alternatively, you can marry him/her first and then file Form I-130.

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  • Is an accredited US bachelors degree required for H1B visas? Will this cause future problems?

    I am on H1B and I have a bachelors from a US institution that was unaccredited at the time my degree was awarded but it is now accredited. My degree met all the requirements of an equivalent accredited US 4 year bachelors degree. I have many frien...

    Gen’s Answer

    If your degree is from a for-profit-university, USCIS could revisit your case and revoke it regardless of the accreditation status.

    Accreditation is an issue for H1B and I-140 cases. USCIS defines an institution of higher education (university/college) as an institution accredited by a nationally recognized accrediting agency or association.... , and only accredited universities can issue bachelor's degrees.

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  • Is it okay to file H1 extension without client letter? Will generic SOW suffice and can be alternative to client letter?

    Hi there. I am currently working with a consulting company and working as a contractor through my employer with another company located in TX. Currently my employer has a service contract with client valid till July 2016 and so is my H1B petition ...

    Gen’s Answer

    USCIS always asks a letter from the end-client if an H1B petition is filed by a consulting company.

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  • Can I switch my job in my 10th year of H1-B without filing for new immigrant petition?

    I am currently in my 10th year of H1-B and for the last 7 years I am working with the same employer with approved I-140. My I-485 is not filed since my EB2 priority date of FEB 2011 is not current. Can I switch employer at this time if the new emp...

    Gen’s Answer

    I agree with my colleagues. The new employer has to file a new labor certification, but you can retain the priory date.

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  • Traveling abroad while on J1 Trainee who applied for H1B

    I'm currently in J1 trainee status valid until 07/2017. I applied for H1B this month, but 'd like to travel internationally in 06/2016. Would this be considered abandonment of change of status? What would this entail? Thanks.

    Gen’s Answer

    Assume the H1B petition is selected for the lottery. USCIS will deny the change of status portion of the H1B petition.

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  • What do i need to do? should i file i-130?

    my mom lives here in the united state. she has a special rule cancellation of removal pending with immigration court. she has an upcoming hearing. i am a citizen and i would like to file for her.

    Gen’s Answer

    Assume you are over 21 years old. You should definitely file a Form I-130 for your mother. Also, if the immigration judge granted her cancellation of removal, and the government does not appeal, she will be able to obtain a greencard.

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  • E2 treaty investor visa

    I am currently a South Korean national seeking to start a business in the USA. The business I am trying to open is a cosmetics store(The Face shop), that has numerous shops opened in the USA already but is technically under a Korean enterprise co...

    Gen’s Answer

    Generally, no. You can invest in the franchise company and obtain E. However, sometime, the U.S. consulate or USCIS request the franchisor/E2 applicants to prove that how much control the franchisor actually have in operating the business.

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  • Am I able to register a subsidiary company in US and after one year I apply for the EB1c greencard for managing company in US?

    I am right now an alien resident in united states with f2 visa status. I have a working company in my country(Iran) which I am managing from US for past three years.

    Gen’s Answer

    As long as the U.S. branch has been doing business for over one year and meet other requirements, the U.S. office can petition for you.

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  • What are the requirements of the Iran company and the US branch company to be eligible for EB1c or L1 visa?

    My friend is living in Iran. He is managing a large company which is his own company. He wants to create a branch of his company in US. He is planning to apply for a US greencard as the manager of his branch company in US through EB1c Visa. He has...

    Gen’s Answer

    The US branch has to be doing business at least one year before he applies for permanent residency through EB1C. He has to start from L-1A.

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  • I-130 form Part D. Other Information / Question 2:Have you ever before filed a petition for this or any other alien ?

    I am filling out Form I-130 for my husband's adjustment of status. I have successfully filed an application for my mom years ago after I became US citizen. I have a question regarding I-130 form Part D. Other Information / Question 2: Have you...

    Gen’s Answer

    I agree with my colleagues. The answer is Yes.

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