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Barbara A Marcouiller
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Barbara Marcouiller’s Answers

1,439 total


  • Am I eligible for an F1 visa if my green card application is denied?

    Today, my green card application was denied (I applied as an underage with my family). I am currently a graduate student at the UW and have about 2 years left for my degree. I am also getting paid a salary as a graduate student. What are my option...

    Barbara’s Answer

    To obtain a student visa you must show you intend to return to your country upon conclusion of your program. Having already applied for permanent residence will make that difficult. You might want to meet with an experienced immigration attorney to examine any possible options.

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  • Can a company sponsor an undocumented student If he visa expired?

    Undocumented student graduated from college and wanting to know if a company can sponsor him.

    Barbara’s Answer

    There are two different parts to this. One is whether the company has a position that would qualify, whether the employee, qualifies, and how long it would take for the priority date to become current. If the employee would need an H1B in the meantime, there are timing issues and risks he may not get it due to the lack of availability. Then, completely apart from the employment side, are the questions about his prior status, and whether, even if the employer got everything approved, there would even be a way for him to obtain the visa. This situation requires a thorough review with an experienced immigration attorney.

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  • F-1 to H4 - How do I know if my employment counts as after change of status?

    I am currently doing my second MS degree in US on F-1 and working part time in the university, and my husband is on H-1B. Between my first and second MS degrees, I worked for about 10 months using my OPT. I am applying to change my status to H4. I...

    Barbara’s Answer

    You have 3 questions so far. You would benefit from the assistance of an experienced immigration lawyer.

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  • Complete manipulation on job description by company for H1B by large corporation. I want to take action. What is the process?

    I am no longer on H1B but when I was on H1B with this company, they had changed my job description from what I did to complete unknown job description. I think they did so they could pay prevailing wages for the lower paid job description and the ...

    Barbara’s Answer

    That's an incredibly serious accusation. There are a large number of reasons job descriptions may be tweaked including that they don't focus on the issues that would be important for immigration. I've seen job descriptions include such things as "integrity" and "attend meetings," which have no bearing on what the meetings would be about, for example. It can happen that the job description simply isn't meaningful for immigration, and so needs attention. However, the final result definitely must reflect what the person is actually doing. In fact, that's often the question asked by lawyers, "what is the person actually doing," not just "attend meetings." Before contacting an attorney you need to make sure you can show the actual job description as well as the one that was used for the visa, and show it made a difference in the wage. Also make sure the one you believe was correct would've qualified for the visa; don't shoot yourself in the foot!

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  • Do we need to send a copy of just the latest i797 approval notices valid from Sep 2016 to Sep 2019 or both the i797s

    I have a valid i797 H1b approval from Sep 2013 to Sep 2016 and an approved extension from Sep 2016 to Sep 2019. I also have my H1b visa stamped and i 94 valid till June 2019. My wife has her H4 visa stamped and i94 valid till June 2019 (we got our...

    Barbara’s Answer

    Note those aren't the only requirements. You also need to show your I-140.

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  • I have a permit to just work or DACA in other words but I have a son that has idiopathic juvinile arthritis.

    Well like I was saying my son has arthritis he is only 7 but he has to be taking shots weekly and I heard that a new law just passed that parents with kids that have health issues can apply for there residence.under the sircuntances I wanna know...

    Barbara’s Answer

    There is no new law. Be very careful about what you "hear." Please invest in a detailed meeting with an experienced immigration attorney to know your real options.

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  • Is a ban on muslims entering the United States unconstitutional?

    Is a ban on muslims entering the United States unconstitutional?

    Barbara’s Answer

    One of the first things law students study in constitutional law is the Chinese Exclusion Act of 1882 which excluded all Chinese laborers from the country. The U.S. Supreme Court found that "Congress has plenary power over immigration," and let the law stand. Who knows whether we'd get the same result today, with the world economy being so integrated, and international travel a daily occurrence rather than a once-in-a-lifetime event, but it points to the importance of congressional elections. Both Republican and Democrat presidents have tried to get immigration reform for over a decade, but Congress has stopped it. When talking immigration, look to Congress

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  • How can I handle an I 485 denial?

    I just received a denial for my I 485 form on basis that a visa was not available for my priority date October 5th 2015 EB3 category. The I 485 was filed January 20th 2016 with an I 140 approval, after I called USCIS three times to make sure I co...

    Barbara’s Answer

    USCIS has sent out a number of reminders that we must use the final action date. I'm sorry you're having trouble. It is worth the money to have an experienced attorney.

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  • Which in the set of form I-864 should I file?

    I'm an international student, visa F-1 expired last year. I got married to my husband who is a citizen. We're working on filing Immigration documents that I bought from usavisanow.com for my green card. In the folder have a set of form I-864, I-86...

    Barbara’s Answer

    The forms are free. No one can charge for them. It's the advice, guidance, assistance, and evaluation of just such questions as whether you qualify to do the EZ version or if you need a cosponsor that make it worth paying an experienced immigration attorney to help you.

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  • Admit until date on the entry stamp and Form I-94 does not agree with the ending date on the I-797 Approval Notice (H1-B)

    I work in U.S. with a H1-B visa. My I-797 Approval Notice will expire on Dec. 30, 2017. Because of work, I traveled outside of U.S. twice this year. However, the U.S. Immigration officers mistakenly admit me until Dec. 27, 2017 and Dec. 20, 2017 o...

    Barbara’s Answer

    Double check your passport expiration date. They will not admit you past the expiration date on your passport.

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