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Donald Edward Smith's Answers (140394)

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Archived

Eligibility for EB1 category ?

Donald's answer | Answered on March 14, 2017

EB1.C requires you to have been employed 1 year of the last 3 years. the 3 month gap may be a break in the requirement.

Archived

Application pending

Donald's answer | Answered on March 14, 2017

CBP may admit you to visit a LPR husband using a B2 visa in the United States till the other visa is approved through the consulate.

Archived

If change of immigration status application gets rejected, then does that mean the previous status is also revoked?

Donald's answer | Answered on March 14, 2017

when a change of status request is denied the applicant remains in the previous status, if the status is expired the person is out of status.

Archived

If H1B extension takes a long time, and my Visa is expired

Donald's answer | Answered on March 14, 2017

the timely filing of an H1B extension provides 240 days of employment authorization (but not travel) from the end date of the I-94.

Archived

Moving from L2B+EAD to H1B

Donald's answer | Answered on March 13, 2017

Any employer may sponsor you for valid H1B employment by filing an H1B petition.

Archived

Can a greencard be mailed to another country after it is received in the US given address?

Donald's answer | Answered on March 13, 2017

Attorney Behar well advised you to send it via a bonded courier such as FedEx, UPS and/or DHL, with "hard (receipt) signature requested from an...

Archived

Extension of stay

Donald's answer | Answered on March 13, 2017

current published processing times are about 4 months. some applications are sooner some later.

Archived

How to avoid my visitor visa being cancelled

Donald's answer | Answered on March 13, 2017

While filing a change of status from B to F is permitted. a person with a timely filed change of status application remains in a period of...

Archived

Is it very difficult to remove the condition on my green card as I have divorced and filed separately?

Donald's answer | Answered on March 13, 2017

It is difficult to remove the condition on a green card if divorced and filed separately. Additional documentation of the bona-fides of the...

Archived

Can I get preliminary cap-gap without h1b receipt?

Donald's answer | Answered on March 13, 2017

The cap gap extension is automatic for timely filed H1B cap petitions for a person on unexpired F-1 OPT. every thing else is frosting.