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J Thomas Smith Ph.D.
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J Smith’s Answers

3,447 total


  • Can I change my H1b transfer from regular process to premium process, without informing my employer his attorney?

    My employer is not changing my H1b case from regular to premium after being told by me that I am willing to pay premium fee. Its over 4 months now, so I wanted to know if there is any way I can change that case to premium by myself.

    J’s Answer

    I agree with my colleagues. It is the employer's petition, not your. Only the employer can request that change.

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  • How do I change my address online?

    I am a conditional resident. My spouse is an US citizen. I need to change my address at this time. So do I need to apply 2 forms for each people of us or just one is enough? Can I do both online? Thank you so much for helping us. Thank again.

    J’s Answer

    You are required to change your address within 10 days of the change. Your wife, a USC, does not have to file a change of address. Here is the link for you to do so on0line. https://www.uscis.gov/ar-11

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  • My visa interview with arrest record for cannabis possession

    I want to apply for new non immigrant visa. Does US embassy have evidence in statement I gave to police, even if the whole case was straight dismissed by judge without any diversionary program or something similar?

    J’s Answer

    It does not matter whether your case was dismissed or you were found not guilty. It the question is whether you have been arrested, you must answer truth-FULLY. I was also encourage you to gt a copy of the case file and/or the disposition of the case. You will surely receive a RFE after you apply. You may want to consult an experienced immigration attorney for assistance in this matter. Best of luck to you.

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  • Can I-539 be denied?

    My OPT for my bachelors degree is going to expire on May 10th 2016 and I just been accepted in a graduate school to start classes on the Fall semester (August). If I file I-539 now, is it likely to be rejected because I will not start classes unti...

    J’s Answer

    I agree with my colleagues. There is no need to apply to change your status. The ISO office of your school will be able to assist you in this matter.

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  • How long can I stay in the US and when will the maximum 7 years start counting for my L1 visa?

    I worked in the US from September 2011 to March 2012 under L1-A visa, blanket petition with expiration date of Aug 2014. In January 2015, I went back to the US for long term work transfer with a new visa but still under L1-A visa, blanket petition...

    J’s Answer

    The company's immigration attorney would be the best person to clarify your issues.

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  • 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...

    J’s Answer

    Yes, she may have to wait. As my colleague points out, you must be in status for her EAD to be approved. Good luck to you.

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  • Is it compulsory for an employer to be a part of E-Verify? Is E-Verify status mandatory for H1-B application?

    I have got an employment offer in an IT company. The question is regarding E-Verify status

    J’s Answer

    No, it is not mandatory. However, it is the easiest way for companies to comply with U.S. law which requires employing only those persons who may legally work in the United States. E-Verify is an Internet-based system that is fast and free.

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  • Can I change the status of O-3 visa?

    Hello, I would like to ask you a question about my wife's VISA. I just got an 0-1 Visa and my wife got a O-3. Now, we are aware that type of Visa doesn't give her the right to be employed but what if she gonna find a job and the employer would...

    J’s Answer

    Yes, you may petition for a change to any status for which you are eligible. H1B have a cap on the number issues. But, some specific types of organizations and employers such as universities and other non-profits that qualify for H1B cap exempt petitions. Do consult with an experienced immigration attorney for guidance in this area. Good luck to you.

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  • Can I open a business bank account on h1b and be signatory?

    Hi, I am working for a company on h1b status. I am looking to set up my own c corporation in another state. I know I cannot work for another or my own company while on H1b. All I want to know is, can I still keep a position in my own company witho...

    J’s Answer

    If you engage in activities that are intended to produce income it is considered employment and you would not be in compliance with your H1B status. However, you may be able to establish C-Corp and appoint a another to run your business. You may be able to participate in restricted activities of the business, as an investor. But you cannot perform executive duties. Having signing authority on a checking account does not appear to be in violation. You may want to consult an immigration attorney to discuss the nature of your business and your role in it to clarify further. Good luck in your endeavors.

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  • USCIC N-400 and reporting loss of income Schedule-C

    I have a regular job that pays the bills and I tried in the past 5 years to start my own business. Unfortunately since I couldn't make a profit I had to stop it. I'm coming close to my Citizenship Interview and I'm a bit worried that on 2014 I ha...

    J’s Answer

    It is your income that determines your ability to support yourself. USCIS will not examine the expenses or deductions in your tax return. Honest deductions in the operation of your business is not an issue involving moral turpitude. I hope this helps to clarify the issue for you. Good luck.

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