Archived
My fiancé is an American citizen and we are planning to get married later in the year. I would like to remain in the USA.
Donald's answer
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Answered on May 29, 2015
It is possible to obtain a green card based on marriage to a U.S. citizen even if you have overstayed your visa. Your U.S. citizen spouse can file...
Change of status from F1 to H4 while awaiting H1b Approval Notice?
Donald's answer
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Answered on May 29, 2015
Now that you are on H4 you are not employment authorized unless and until your H1B spouse has an approved or pending I-140 or labor certification...
I am in H1B. There is a 3 day gap between last day of work from employer A to joining employer B. Will it be a problem?
Donald's answer
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Answered on May 29, 2015
Gaps in H1B employment result in gaps in H1B status. INA 245(k) permits employment based green card applicants to have up to 180 gaps in their...
Is H1B visa allowed to invest in LLC?
Donald's answer
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Answered on May 29, 2015
You may invest. You may be a shareholder. You may be on the board of directors. You may not be an employee unless you have employment...
I am trying to reset H1B clock by staying out of the US. I will need to come back twice on a visitor visa during the 365 days.
Donald's answer
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Answered on May 29, 2015
Yes, in order to reset the H1B clock time inside the US is deducted from your time outside the US. Please keep in mind by resetting the H1B clock...
Archived
HI I have a H1 Consular based visa. can i go to Spain US consulate and get approved/stamped? I am on L1 currently.
Donald's answer
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Answered on May 29, 2015
It is not uncommon for persons traveling to seek visas at a US Embassy or Consulate within their travels. We remind our clients the US Embassy or...
Archived
Fresh h1B petition valid for one year used/expired
Donald's answer
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Answered on May 28, 2015
The timely fling of the H1B extension petition by your employer provides 240 of continued H1B employment authorization. Why go on H4? Once...
Archived
What are the odds for my wife (2015 marriage) to get a dependent H4 visa with 212(d)(3) waiver from US Consulate in El Salvador?
Donald's answer
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Answered on May 28, 2015
The 212(d)(3) waiver may be available to you. Please consult an immigration attorney to assist you in this important matter.
Mr. Smith is an...
Archived
Can a US citizen who is employed by a US company and living abroad for the past 15 years be used as a joint sponsor?
Donald's answer
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Answered on May 28, 2015
A joint sponsor or substitute sponsor typically must reside in the US to meet the domicile requirement.
Sponsor for Affidavit of Support
If you...
Archived
Can an F1 Student who has a company in his home country open a subsidiary in US?
Donald's answer
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Answered on May 28, 2015
Yes, an F-1 may open a company in the U.S. I recommend you consult an entity formation attorney familiar with US immigration to discuss the US...