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Giacomo Jacques Behar
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Giacomo Behar’s Answers

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  • Wrong Address for Green Card

    My wife has just migrated to USA on green card last week. When the officer at the airport asked for the US address for green card, she gave them the wrong one (address is wrong by only one digit). I don’t know what to do now. Can someone help me ...

    Giacomo’s Answer

    Call the nationwide USCIS toll free "hotline", as well as immediately seek to schedule an INFOPASS inquiry appointment at your local USCIS district office (done online at www.uscis.gov).

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  • Can an American assylee apply for Canadian student visa ?

    I am an asylee in America.My mom actually applied for an asylum case in February.We had to give our finger prints and we have also applied for work permit.I have always wanted to study in Canada,but for certain conditions I couldn't.So,my question...

    Giacomo’s Answer

    This question has got to be posed to a Canadian immigration lawyer. You can find an excellent one (or two or three) here: www.ailalawyer.com make sure to specify the Canadian city of interest.

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  • How much gap is legal between two different employments on H1B Visa?

    Am currently on H1B Visa employed by Company X and Company Y has offered me a job starting Aug 8th 2016; hence, I have kept my last working day in Company X (current employer) as Aug 3rd 2016. a) Since there is gap of 5 days between my two emplo...

    Giacomo’s Answer

    a) I wouldn't worry about it, given that you are still working on valid H-1B status and this new petition is filed ASAP. Those types of "gaps" are usually only a problem for citizens of India; USCIS pretty much closes their eyes for (almost) all other nationalities, for a "gap" between employment of up to a month - at least that has been my experience over the years..

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  • MY I290B was reopened but the i 485 is still pending as the dates hve retrogressed

    MY I290B was reopened but the i 485 is still pending as the dates hve retrogressed. Is that the reason i havent got the cards as yet. please expert share advise

    Giacomo’s Answer

    The adjudication of the MTR you filed on Form I-290-B has nothing to with the fact that your priority date may have retrogressed. Be patient.

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  • Applying for US passport after naturalization

    When I filed for US citizenship I dropped one of my middle names, so now I only have one middle name. I want to apply for US passport, Can I have the middle initial only in the passport not the full middle name as it appears on the naturalizat...

    Giacomo’s Answer

    Talk to the passport office clerks about it. When issuing your US passport, they will only be concerned with your Certificate of Naturalization - which you will have to leave with the passport office (temporarily) until they issue your passport. Will entirely depend on their policies if OK to just "insert a middle initial" instead of spelling out the entire middle name.

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  • H1b transfer after oct 1st, do I need paystub for month of October?

    I am currently on OPT working for employer A, who filed for h1b approved starting oct1st. I am planning to switch job employer B. Do I need pay stub for month of October for transfer? If yes how many? Can I use pay stub from September for tra...

    Giacomo’s Answer

    Your pay stubs from September are irrelevant and inconsequential to proving that you did in fact "activate" your newly acquired H-1B status by having actually worked on that employer's payroll starting Oct. 1st.

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  • Can I get an OPT after a second Master's

    I did my first Master's 10 years ago and then worked on OPT for a year and then on H1b for 2 years before leaving the US. I have now returned to the US on F1 and am doing a second Master's and would like to know what my options are when I graduate.

    Giacomo’s Answer

    Cannot. You already enjoyed a one year OPT work permit after you obtained your first Master's degree. A second Master's will unfortunately not entitle you to another OPT period. Only a higher degree, i.e. Doctorate will. Nothing else.

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  • Name change on Green card after divorce but with dismissed criminal case

    I am now divorced, but my married name is still on my green card. I want to update my green card to reflect my maiden name, however my concern is that I had a DV arrest, but the case was dismissed(without prejudice). I am now concerned that when I...

    Giacomo’s Answer

    The "best plan of action" is to consult with an experienced attorney in private.

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  • Can I continue using my OPT after entering the U.S. with an advance parole?

    I am F1 student on OPT currently working. I applied for AOS and advance parole, but not the EAD based on I-485. I left the country for a short trip a week ago and intend to come back with advance parole. However, I recently became aware that enter...

    Giacomo’s Answer

    Your OPT-based EAD is invalid once you applied for AOS. Should have applied for EAD as well, it is free when filing for I-485.. Consult with a lawyer in private over Skype about any options you might have.

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  • Will i be in trouble?

    I rented out my house to a couple who came from China. They intent to give birth in USA with travel visa. As a landlord. Do I break any law?

    Giacomo’s Answer

    No, worry not. Once you rent your property, what your renters do there is no concern of yours. Coming to the USA to give birth is not illegal, as long as the pregnant individual has legally been admitted into the country, which am sure she was.

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