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Giacomo Jacques Behar
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Giacomo Behar’s Answers

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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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  • Will a recent disorderly conduct conviction prevent me from going to Canada?

    I go to Canada every couple of years, and each and every time, they've given me sh*t at the border (delayed me, did an exhaustive search of my record, searched my car, etc.) due to several charges in the past and a (wrongful) conviction for crimin...

    Giacomo’s Answer

    Yes, you will undoubtedly be harassed again by Canadian customs and likely pressured to pay a "fine" (all major credit cards accepted) to be let in into Canada.

    Talk with a Canadian immigration lawyer: find one here:
    www.ailalawyer.com (make sure to type the Canadian city of interest/destination.)

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  • EB-1(A) Petition from abroad. What address and what processing times?

    When filing I-140 without a lawyer for EB-1(A) category from outside the US, what Service office to use? If Request for evidence is issued, will it arrive at the address abroad? What is a usual processing time of I-140, filed by itself? than...

    Giacomo’s Answer

    You must provide a US mailing address for yourself, otherwise your filing will be rejected by USCIS

    Read the instructions that come with the I-140, it will direct you to the service center having jurisdiction over the US address you provide.

    Processing times are published at the USCIS website, but I wouldn't rely on them too much.. Simply add an additional 2 month to their published dates, that way you will not be too disappointed.. Also have the choice of filing the I-140 via Premium Processing Service, but that will clean you out of an additional $1,225 and will undoubtedly trigger a gargantuan RFE. Otherwise "normal" processing times for such I-140s range anywhere from 8 to 9 months..

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  • When to post the original LCA in the new work location within the same MSA for an H-1B employee?

    My current office is moving to a new work location next week. The new office and the current office are within the same MSA. As to the USCIS website, the company must post the original LCA in the new work location within the same MSA for an H-1B e...

    Giacomo’s Answer

    Posting of a new LCA at the new work location, as well as deciding when you should work at the new office location are entirely responsibilities of the "employer" and never yours.

    For best practices, "before".

    Cannot (legally) work before employer having posted the LCA at the new work site.

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  • I am on A2 dependent visa and I have a job offer, for how long I will be able to continue working in US after my spouse relocate

    I am on A2 'dependent' visa and I have a job offer, for how long I will be able to continue working in US after my spouse relocate to another country, what will happen to my a2 'dependent' visa status? Do I have to quit my job at that time?

    Giacomo’s Answer

    Your A-2 dependent status is directly related and dependent upon your A-1 spouse maintaining valid A-1 status in the USA. The day he quits his job position in the US and "relocates" to another country, your dependent's status is effectively cancelled that very day, automatically, by operation of law. Consequently any work permit you hold incident to your no longer valid A-2 visa will also be deemed cancelled, effective immediately.

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  • Lose job before the H1B active date, can I still find job and transfer my H1B?

    I lose job before the H1B active date. I have already get the H1B approval letter. I am now in my OPT Cap-Gap. Do I have the chance to find another job now and transfer my H1B?

    Giacomo’s Answer

    Your new H-1B employer may try.. USCIS may or may not agree that your are "cap exempt" if you never "activated" your ephemeral H-1B status by having worked for even few days on the original employer's payroll.

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  • I have a question about the N-400 application. Part 9: Time Outside of the United States. Item # 3

    In the case of marriage, can we list the trips for the previous 3 years instead of 5? Also, how do we calculate the "last 5 years" when counting the number of days outside of the US. Do we start from 5 years back from today's date? If this i...

    Giacomo’s Answer

    You are required to list each and every trip taken outside the US during the last 5 years. Begin with your most recent (last) trip and work your way down in time in chronological order. In other words, yes, 5 years back from today's date.

    You have to cover 5 years worth, even the time before you actually started residing in the US.

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  • Is there a chance that the motion to reopen/reconsider may be approved, if COS was denied?

    I have received the Notice of Decision for my COS (from B2 to F1) application was denied. The main reason of denial is that my SEVIS record had a start date of April 7, 2016 which was more than 30 days past my I-94 expiration date. My I-94 expi...

    Giacomo’s Answer

    Don't bother filing an MTR - USCIS will simply cash the fee, reopen (giving you false hope) and then quickly reaffirm its initial denial. That "more than 30 days past one's I-94 expiration date" ground of denial COS to F-1 is not any "snafu" on the part of USCIS, but part of a new trend for denial of F-1 hopefuls filing for COS in the USA, as opposed to applying for F-1 visas in their home countries.

    You now have no other choice than departing and applying for F-1 at your home country US consulate. Will need to disclose and explain the denial which took place here. Better work with a competent and experienced immigration lawyer in preparing your consular visa application, as well as personal interview at the consulate.

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  • Can I get my rejected H1B visa transferred to another sponsor while the petition is still in approved status?

    I got a sponsor last year and got my h1b selected in lottery. Later RFE approval and everything went smooth until the interview day. The interviewer put my visa into administrative processing and gave me a white slip to follow up. After about a mo...

    Giacomo’s Answer

    Question: "....is it an issue with my qualification or the employer's inability to prove an employment for me? You better believe that was an "issue"... When the US consulate realized that there was no real, bona fide job opportunity for you at that "company" (let me guess: a "job shop" with "projects" at "client's sites"..), then they denied your visa, sent the previously approved I-129/H and LCA back to the US to USCIS, with a report on the findings, with a recommendation to USCIS to "revoke" its previous approval.

    What happened after that must have been the "employer" having received a "Notice Of Intent To Deny" from USCIS, citing all the reasons detected by the consulate and giving the "employer" 33 days from the date of that NOID to respond/refute. I can guarantee you the "employer" saw the writing on the wall, and not wanting to "throw good money after bad", simply chose not to respond, with the revocation becoming final on day 34 and USCIS cancelling the H-1B visa number previously reserved for you, and restored to the "pool" of still available H-1B visas, for legitimate employers to use. Consequently, you are now "cap subject" again and any new employer must file a cap-subject petition on your behalf - not before April 1, 2017, with an Oct. 1 17 start date, and that petition will be subjected to the "lottery" again..

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