Consultation Request: I-212 Waiver After Deportation(SFO, 2021) – Currently in Canada on Work Permit
Donald's answer
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Answered on September 28, 2026
Generally, the 5 year bar has passed. If CBP charged you with fraud or misrepresentation under INA 212(a)(6)(C)(i), the visitor visa bar requires a...
Regarding Approval Duration on my new H-1B petition
Donald's answer
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Answered on September 28, 2026
Generally, the H1B might be approved for 10-12 months. When the I-140 priority date is available for I-485 filing. The H1B may also be approved for...
RFE on H1B Visa transfer because mismatch in LCA working location from Employer 1
Donald's answer
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Answered on September 28, 2026
Is there any way to address the RFE issue because of LCA location mismatch? The worksite must be in the LCA.
How is it going to impact my status?...
Marrying partners from different states
Donald's answer
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Answered on September 28, 2026
While the H1B and US permanent resident can still get married and apply for green card. Not residing together will create additional documentation...
Can an F-1 student remain an NRA while working on post-completion OPT?
Donald's answer
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Answered on September 28, 2026
The F-1 nonimmigrant is a nonresident for US immigration. The F-1 for US tax is a resident alien for their tax filing. The IRS uses the substantial...
H-1B Premium Processing ExtensionUSCIS Scheduled Biometrics After Case Dismissed and Expunged
Donald's answer
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Answered on September 28, 2026
Could the new biometrics requirement be related to this arrest even though my previous H-1B extension did not require biometrics? Yes
More...
H-1B Premium Processing ExtensionUSCIS Scheduled Biometrics After Case Dismissed and Expunged
Donald's answer
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Answered on September 28, 2026
Could the biometrics requirement be related to this arrest? Yes
Can USCIS consider the supervised probation disposition a “conviction” for...
Does filing for OPT affect an F-1 student’s continued NRA status?
Donald's answer
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Answered on September 28, 2026
Does merely applying for post-completion OPT before year-end materially undermine the position that I did not intend to reside permanently in the...
I-140 reinstated under 204L, what if the company goes out of business?
Donald's answer
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Answered on September 27, 2026
If the original employer shuts down, you cannot still use the approved I-140 itself for portability. When the priority date becomes current. You...
Can I return to the U.S. with my expired green card and I-797?
Donald's answer
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Answered on September 27, 2026
It is possible that CBP will grant entry to the US with an expired green card together with the I-797 approval. Without the renewed green card you...