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Brian David Lerner
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Brian Lerner’s Answers

1,428 total


  • I-360 Approved, how long is it valid?

    My i-360 petition for Ameriasian, widower, or special immigrant was approved as a battered spouse case on July 22 2015. It assumed I was in the US, but I was abroad at that time. It states it gives me 15 months for deferred action for removal. ...

    Brian’s Answer

    Hello:

    You should apply for Consulate Processing based upon the approved VAWA petition. While that approval should not expire, it would be in your best interest to move forward on this, and possibly get your son as a derivative as well.

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  • I-539 corrections

    Hi After recieving I-539 approved copy for my daughter - H4, I have observed there is space between my daughters first name. Name is correct but only a space. Even same thing has appeared in initial notice which I have recieved after submissio...

    Brian’s Answer

    Hello:

    It is unclear if there is an error in her name. If so, you can file an amendment to correct it.

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  • 485 Pending status related..

    I am on 485 Pending status with Eb3 2006 priority date since 2007, i have changed few companies with Ac21 after completing 180 days with GC filing company, now I am with new employer B and got approved 140 under EB2 just this month, not yet app...

    Brian’s Answer

    Hello:

    If the first I-140 was based upon EB-3 category and now your are on EB-2, it is unlikely the job and requirements are similar enough to qualify to port.

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  • Being member of judging panel and winning "Executive of the Year" at international biz awards meet 2 requirements of O1 visa?

    I am a member of judging committee of international award programs like American Business Awards, International Business Awards, Golden Bridge IT Awards etc. Will that qualify as meeting one of the requirements. I am a founder and CEO of a sta...

    Brian’s Answer

    Hello:

    It may qualify. However, without seeing your entire resume, it is impossible to tell one way or another.

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  • Can i just invest in the US without having US Visa?

    I am living outside of the US. Can i invest in the US without having US visa? if yes, Do i need to do any tax return as a foreign alien for the investment interest?

    Brian’s Answer

    Hello:

    The type of tax returns you may or may not need will be for a tax attorney to answer.

    You can invest in the stock market. However, investing in businesses where you may receive income would be a violation of your status assuming you are not authorized to work.

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  • I need a f2 visa

    I am holding f1 visa and i am from pakistan i want to bring my wife to maryland united states what are the chances of getting f2 dependant visa approve and what documents should i have with me

    Brian’s Answer

    Hello:

    She would apply at the U.S. Consulate in Pakistan. She must show she is your wife and that she is admissible and that you are validly on F-1.

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  • I am on f1 visa and want my wife to visit me

    Can she apply for a visit visa and come visit me what will be the chances of approval

    Brian’s Answer

    Hello:

    She should apply for the F-2 Visa.

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  • Reentry permit just after F2A petition

    My husband is a GC holder and we got married after his GC. Now he is going to return to US to apply for my greencard. As we know it will take around 2 years for me to receive my GC. We don't want to be apart for 2 years. Can he apply for reentry...

    Brian’s Answer

    Hello:
    It is unclear how long he has or will be outside the U.S.

    If he qualifies, he can apply for U.S. Citizenship. This would make a visa available immediately for you as it would be an Immediate Relative Petition.

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  • Travelling to US on H4 when the H1B petition is under process

    My wife is in India now and her future employer has filed H1B for her. Fortunately our petition was picked in the lottery and we're waiting for the approval. Now the problem is she has to travel to US now on H4. So my worry is will this in anywa...

    Brian’s Answer

    Hello:

    It depends. If the H-1B was filed as a change of status from H-4, she should not leave. However, if it were filed so she has to go to the Consulate for the interview, then she could leave on the H4.

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  • How long is validity of H1B visa issued abroad?

    My friend is about to attend an interview for h1B visa. His I-797 is valid until 9/30/2018. However, his passport expires on 9/20/2017. If issued until full duration, what will dictate the expiration of visa (passport or I-797)? Thank you.

    Brian’s Answer

    Hello:

    Once he would enter the U.S. and get an I-94, it is the I-94 that controls his validity in the U.S., not the Passport.

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