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Theodore S. Huang
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Theodore Huang’s Answers

362 total


  • I got married to a American can I Adjustment of Immigration Status?

    I came to this country with a tourist visa them I opened a company and I changed for a working visa. My company was not able to renew my visa so I decide to stay in this country. My parents become American Citizen but they where not able to spons...

    Theodore’s Answer

    Yes, as an immediate relative, you may be eligible. Talk to an immigration attorney to go over your entire history and background to confirm eligibility.

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  • Change of Status

    I would like to change my status from L-1A to B-2 and my wife from a L-2 to B-2. We would like extra time to sell a few things and then travel. Can we be included on the same I-539 form or de we need separate I-539 forms?

    Theodore’s Answer

    Please see the instructions to the I-539 for your answer at https://www.uscis.gov/sites/default/files/files/form/i-539instr.pdf

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  • I have B1 Visa & want to convert into other appropriate visa on which I can stay in US for long time.

    Hi, Greetings!! Can you help me, how I can convert my B1 Visa to other appropriate visa on which I can stay in US for long time. I was in NJ, USA till March 2016. And had registered my IT, BPO company in USA. Now I want to expand my busines...

    Theodore’s Answer

    Which visa you may be eligible for will depend on such factors as your credentials, the stage of development of your business, the existence of any overseas affiliated companies, and the amount of money invested. Best speak with an immigration attorney.

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  • If my boyfriend an I marry while he's on his tourist visa will we have an issue once we file for papers? Will be be deporte?

    My boyfriend enters the US legally with a tourist visa once a year. He recently lost his visa while visiting and already went through all the steps as far as making the police report and reporting it to the us embassy. Prior to this we where alre...

    Theodore’s Answer

    It is possible for a spouse of a US citizen to successfully apply to adjust status even he originally entered on a tourist visa. However, adjudicating officers will question his original intent when he entered, wanting to make sure he didn't misrepresent his intentions. He'll also need proof of his being inspected and admitted. Best to speak with an immigration attorney to maximize your likelihood for success.

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  • Does getting laid off and needing more time to find a new job make sense to USCIS to approve a status change from H1B to B2?

    I'm submitting I-539 form to request a status change from H1B to B2. Does this make sense to USCIS to approve this status change based on the fact that I mentioned in my statement that I got laid off and needed time to find a new job?

    Theodore’s Answer

    Talk to an immigration attorney. There is no grace period for terminated employees holding H-1B status-- once the individual is no longer in a lawful nonimmigrant status, s/he must depart from the United States.

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  • Can I apply for food stamps

    I have filed for assylum but not called for interview yet. I have my ssn and work authorization cards. Even though I have started working but the money is so little for a single mum with three kids. Can I apply for food stamp and will it aff...

    Theodore’s Answer

    You'll probably have to wait until after being granted asylum to apply for food stamps.

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  • I would just like to know what paperwork I should file and what we should do from here on. So I can live and work here legally.

    I'm a South African on a H2A visa, working in America. Me and my girlfriend that is a USA citizen got married today. We want to stay and work in the USA even after my visa expires.

    Theodore’s Answer

    Congratulations, Your US citizen wife may petition for you as an immediate relative. Contact an immigration attorney to review your options. Visit https://www.uscis.gov/i-130 for more information.

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  • Why is it taking long to process the conditional green card? Would legal separation affect the decision?

    Hello, I am currently in the process of removing the conditional green card based on marriage. I have submitted all documents and already did the Bio-metrics. I applied for the removal in July 2015, did the Bio-metrics in August but have not he...

    Theodore’s Answer

    I agree with my colleague. You may still be eligible to remove the conditional status, but the approach may differ depending on where you are in the separation or divorce process. Best to speak to an immigration attorney about the specifics of your case for proper guidance.

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  • Can my husband work in my business if he is still an undocumented alien?

    I am in process of opening a business. Can my husband work there if he is undocumented alien? How do I pay him? Are there any specific laws I need to know about?

    Theodore’s Answer

    I concur with my colleagues. For additional information regarding the process for hiring new employees, check out the M-274 Handbook for Employers found on the USCIS website. I've included the link below.

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  • Can a start up co. apply for 2 L1 visas at the same time? Company just started a month ago. Thanks!

    I guys, I want to bring over 2 executive level managers from my home country and together with them, we want to start an L1 subsidiary here in the U.S. Is it better to just apply for 1 first then the other or can we do it both at the same time? Th...

    Theodore’s Answer

    It would be easier to start with transferring only one. However, it really depends on the size of the US company, the operations, initial capitalization, business plan, size of the related company overseas, etc. Talk to an immigration attorney experienced with new office L-1s to see if it can be done in your situation.

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