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Jared Chiyuen Leung
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Jared Leung’s Answers

58 total


  • Is there any problems going to face me when I apply for a new visa ?

    I spent 3 years learning ESL and 2 weeks ago they terminated my I-20 for the second time. Now I back home and I want to get a new visa from a new I-20.

    Jared’s Answer

    Yes. Unfortunately. The visa officer would be wondering why you were not able to maintain your status. If there was a legitimate reason for what happened, you should be prepared to discuss and provide proof.

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  • H1B ext denied->valid I94, valid visa->Same employer filed new H1B->approved

    I am staying with the same employer from beginning. Employer filed H1B ext and after RFE it got denied and went to out of status. My H1B ext denied on 17th Sept 2015, My I797 expired on 19th Sept 2015. Immediately my employer filed ne...

    Jared’s Answer

    The other attorneys' responses are correct. You are "out of status" and should leave asap to apply for an H1B visa in your home country to return to the US. Be ready to talk about what happened and that you acted in good faith and did not work without authorization.

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  • Ho long would it take to get the h1b approved petition hard copy through mail? i've heard that it is taking 3-4 weeks currently.

    i had my extension of h1b approved in firt week of OCT 2015 and awaiting hard copy of approval notice through mail.

    Jared’s Answer

    Our experience has been about 2 weeks.

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  • Can I apply for my citizientship through the marriage 3 years after i got married?

    i got married december,19,2013.and i got my 1st green card in september ,27, 2014,and in June 2015 i need to send my documents for 2nd green card.i wanna know if i can straigh apply for citizientship,bcs it"s gonna be almost 3years im in marriage....

    Jared’s Answer

    If you got your conditional green card on 9/27/2014, you would not be eligible to submit the I-751 application to remove the condition of your residence till approximately 6/27/2016. If your I-751 is still pending when you become eligible to apply for citizenship, you could submit the N-400. However, USCIS will not approve the N-400 without first approving the I-751. Your timing seems to be off a little bit and I suggest you check with an immigration lawyer to work it out. Good luck.

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  • Can employee pay part of EB2 green card processing fee?

    I know that H1b premium processing fee and couple of other fees besides attorney fee could be paif by employee; what about differnt fees in Eb2 green card fees process, perm, i-140, i-485, etc and attorney fee? could any fee be paid by employee? I...

    Jared’s Answer

    Agreed with the answers. You just cannot pay for any expenses associated with the PERM process. I personally like to speak with the employees directly to understand their background and skill set, as long as the company allows it.

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  • Immigration - I140 portability

    I am from India and I am on H1B work visa sponsored by company A. Company A started my Green card process. My I 140 is approved in February 2015. And my priority date is in september 2013. Now I have an employment offer from company B. Company B...

    Jared’s Answer

    While this decision does not necessarily affect you, and you are still portable regardless of whether your employer withdraw the I-140, I am concerned about this decision and what it may lead us. We represent a lot of employers and employees and we are seeing that employers are getting dissatisfied when the employees that they have sponsored would just leave, after the employer has invested in a lot of money in them. It is true that it is a free market and employment is at will. Mobility in the job is kind of a hallmark in the US economy. Yet, we can understand why employers are getting upset. We are only fortunately that this case was a non-precedent decision. Let's hope that it does not get worse.

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  • Entered wrong " Spouse Place of birth" in I-130 and DS260. NVC interview has been scheduled. How to correct now?

    I have written the District name instead of the City. Is this very serious mistake? How to correct it now as the Embassy interview has already been scheduled for first week of October 2015. There are 13 cities in my district.

    Jared’s Answer

    Agreed. Not a material error. The country of birth has to be correct, which is the case here. Point it out to the officer at the interview and you will be fine.

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  • L1 to H1 B COS 2016

    Hi all, Have an urgent query from L1 to H1 B 2016 Came on L1 B from Company A valid till 2016 Applied for H1 B from Company B in 2015. Got picked in lottery and approved. Have a couple of queries : a) can I continue t...

    Jared’s Answer

    Indeed, if you have a "change of status" from L1B to H1B. Your status will change on 10/1 to H1B and you no longer have work authorization with company A. The fact that you mentioned that company B may not be able to start you if it does not have a project makes me wonder if the job offer was valid at all. "Benching" is not permitted by an H1B employer. You should consult with an immigration attorney.

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  • Changing job, getting new H1b visa when perm is approved under eb2 green card category?

    There have been a few layoffs in my department. My perm was filed in April, 2015. I am expecting it to approved/certified in October /November; my 6 years of h1b gets computed in May 2016; can I change job when my perm is approved and get the 1 ye...

    Jared’s Answer

    If the PERM was filed when there was no layoff, it was okay. However, layoff may trigger other types of reporting to the DOL and high-profile layoff on the news could tip off DOL to audit your case, so there may be risks with your pending PERM. Unless your PERM is denied, you are already covered by AC21 and may extend beyond 6 years in one-year increment. I would suggest that you check with an immigration lawyer to get a more indepth analysis of your situation.

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  • DS-160-- Salary Changes

    Hi. I am currently in OPT. I got my H1B this year. It will be effective from October. I am going for visa stamping to India in October. About Just a month back my salary got hiked. Do I need to update my latest salary info in Ds-160? As I...

    Jared’s Answer

    Agreed with other attorneys who have responded that you should check with the lawyer who prepared your petition and see what the company would like to do. That's important because the H1B petition is tied to your company.
    Having said that, having a slight increase in salary is generally not a problem, as that happens fairly often. If the "hike" is substantial, it may give rise to the question of whether your job has changed materially.
    If you have already submitted the DS160 online and got an appointment, you can either stick with it if the salary increase is fairly minimum, or you may submit another DS160 and bring a new confirmation sheet to the interview, as long as your job has not change materially.
    Again, I would like to emphasize that whatever you do, you should work closely with the attorney who prepared your petition. Good luck.

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