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Donald Edward Smith's Answers (141976)

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Archived

Question on H1B to H4 change of status

Donald's answer | Answered on June 19, 2015

1) you may go with option 2 2) you may stay in the US if you file the H4 before June 30 3) there is no premium 4) H1 to H4 currently takes...

Archived

Do I need to be within US while i file EAD and AP application? (485 in process, EB1A)

Donald's answer | Answered on June 19, 2015

Traveling on H1B will not cancel the EAD/AP.

Archived

After the I-140 stage is cleared (under EB2 category, L1-A Visa), can the extension be applied just like in case of H1-B?

Donald's answer | Answered on June 19, 2015

You information is not entirely clear. If you are asking can you extend your L1A in the US up to the 7th year limit without traveling abroad.You...

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Tax Returns - How important is it ? REMOVAL of conditions for a Green Card.

Donald's answer | Answered on June 18, 2015

The USCIS will request your tax returns and since you filed without them may ask for an interview. They are that important.

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PERM Approved but I-140 still pending after responding to the RFE query

Donald's answer | Answered on June 18, 2015

DOL response time to provide a duplicate copy of the Certified PERM was 6 months. The I-140 processing que is a little more variable. Our firm...

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Change of Status with I94 still valid for more than 6 months.

Donald's answer | Answered on June 18, 2015

Your attorney is saying you may not apply for an L1B change of status within the 6 month expiration of your L1B and may be referencing your I-94 is...

Archived

My stepson has a green card. Can he apply for U.S. citizenship when he turns 18?

Donald's answer | Answered on June 18, 2015

When he turns 18 he will be able to apply for US Citizenship. To qualify for naturalization: 1. Must be an LPR 2. Must be 18 years old 3. Must...

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Can H1B employee work for employer from out of United States?

Donald's answer | Answered on June 18, 2015

The intermittent H1B specifically allows for US employment ensconced outside the US. The advantage of intermittent H1B is if the H1B beneficiary...

Archived

What type of temporary Visa does my performer living in the UK need to get when coming to the US for a lecture series???

Donald's answer | Answered on June 18, 2015

The visitor visa or visa waiver -ESTA may be appropriate. Please consult with an immigration attorney with the specifics of your case. Mr. Smith...

Archived

Does 3-year Bachelor's Degree at an US accredited institution would allow me to qualify for H1B under education requirements?

Donald's answer | Answered on June 17, 2015

There are U.S. educational institution 3 year bachelor programs in the US that may qualify as equivalent to a 4 bachelor's degree required of the...