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Mark Alan Ivener

Mark Ivener’s Answers

17 total


  • Regarding H1B amendment RFE and travelling out of US while waiting for the RFE to be approved.

    Hi, I am working in US on a H1B visa since March 2012 and visa is valid till 2014. My LCA was for LA location. Now i have been asked to work from a different location for the same client. My employers have applied for an amendment and i got RFE f...

    Mark’s Answer

    1. At the present time you are only approved to work in the initial location. As long as you have not started working at the new location, you are fully in compliance with the LCA and H-1B petition and you should be able to return to the US in spite of the fact that an RFE is pending.

    2. It is not necessary for you to get a new visa stamped in your passport as you have one now that is valid to 2014. If you obtain a new approval that is longer than 2014, you may opt to get a new visa stamped in your passport on your next trip to your home country but you are not required to do so.

    3. Yes

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  • Immigrant petition F4 sister or brother

    priorty date 25 june 2003 . 22 july 2009 notice tipe approval notice ' so dash bord uscis processes initial review . how left year my immigrant petition visa done . i am frome pakistan . please tell me initial review is can good newes. wac 03 199 ...

    Mark’s Answer

    The current priority date for December is January 1, 2002. That date was the same for November, meaning there was no movement in visa dates over the last two months. Thus, there is no way to give you an exact estimate. However, it could take approximately 2-3 more years. You need to check every month for visa availability.

    The information above is general in nature. It is not specific legal advice. I am not your attorney and this message does not create an attorney-client relationship.

    Call me if you have a question.

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  • USCIS 800 service employed said its acceptable for my mother who has an approved I-130 to travel to the US for christmas on a

    tourist visa to then adjust her status with I-485 rather the complete the process with NVC which will cost additional ($400 for Visa application) . Please advise or comment.

    Mark’s Answer

    You cannot come to U.S. to adjust because that could be entry fraud, not stating your true intention to Immigration at airport at time of entry to U.S. Anyway the cost of filing for adjustment is over $1,000.

    The information above is general in nature. It is not specific legal advice. I am not your attorney and this message does not create an attorney-client relationship.

    Call me if you have a question.

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  • What is the best Immigration Law study book?

    Hi, I am currently a legal intern in a law company and I want to expand my knowledge of Immigration Law. When I tried to search for a right material online, there were too many results for different books and authors. Which one is the most common ...

    Mark’s Answer

    Fragomen's series of books published by Thomson West.

    The information above is general in nature. It is not specific legal advice. I am not your attorney and this message does not create an attorney-client relationship.

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  • Can a (illegal) sibling be sponsored by a citizen sibling?

    The illegal sibling entered, legally but overstayed. she is independent, and her sibling is a U.S. citizen is she able to sponser her. If, so, how long will it take and what is the process. please help! thank you.

    Mark’s Answer

    No, unless sibling entered US and filed immigration petition and/or labor certification before 4/30/01.

    The information above is general in nature. It is not specific legal advice. I am not your attorney and this message does not create an attorney-client relationship.

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  • Immigration Issue - I-94

    I have came into the country in November 2009 and this visa expired Jan 2009. I had already extended my H4 in October 2009 which expire in Jan 2012. On entry in November 2009 , I did show my I797 to the officer but be stamped Jan 2009 not ta...

    Mark’s Answer

    There is a way for Immigration (CBP) to correct your I-94.

    The information above is general in nature. It is not specific legal advice. I am not your attorney and this message does not create an attorney-client relationship.

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  • My PERM certification is approved but have not filed for I-140 yet, can i change employers and have them file my I-140?

    My PERM certification is approved but have not filed for I-140 yet, can i change employers and have them file my I-140?

    Mark’s Answer

    You need to have an approved I-140 to keep your priority date.

    The information above is general in nature. It is not specific legal advice. I am not your attorney and this message does not create an attorney-client relationship.

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  • My case didn't seems got someone to look at

    my husband had been interviewed at US consular office 6 months ago some how they put the case on Administrative processing

    Mark’s Answer

    This may be a security check in the U.S. through various government agencies.

    The information above is general in nature. It is not specific legal advice. I am not your attorney and this message does not create an attorney-client relationship.

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  • CONVERSION OF L1 TO J1

    I NEED TO KNOW WHETHER VISA STAMPING IS COMPULSORY FOR STAYING IN US WITH L1 TRANSFERED TO J1.

    Mark’s Answer

    The information below is general in nature. It is not specific legal advice. I am not your attorney and this message does not create an attorney-client relationship.

    An immigration approved change of status from L-1 to J-1 is sufficient for continuation of staying in the US on J-1 status. If you travel outside the US, before you return, you need to have the J-1 stamped in your passport at a US consulate.

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  • Procedure to convert L1 to student Visa.(already goiing to school on L1)

    Hi, I have a question regarding conversion of L1 to student Visa. I have already started with the course on L1 and i want to get this transfered to student Visa. Is this possible? and what is the procedure and how long it is going to take?

    Mark’s Answer

    The information below is general in nature. It is not specific legal advice. I am not your attorney and this message does not create an attorney-client relationship.

    You can apply for a change of status from L-1 to F-1. Application is on an I-539 petition and takes about 3 month to adjudicate.

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