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Barbara A Marcouiller
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Barbara Marcouiller’s Answers

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  • N400 selective service!!!

    Hello ! I did apply for naturalization 3 month ago and today i did receive the letter for interview and in that letter it states that i should bring to the interview a proof for selective service , i did receive my green card when i was 26 and hal...

    Barbara’s Answer

    It shouldn't be a problem the issue of Selective Service goes to Good Moral Character. You need to show Good Moral Character for the past 5 years, You are now more than 5 years past the age limit to have needed to apply. Write a declaration you can present at the interview regarding why you didn't register, and that you are willing to bear arms on behalf of the U.S. if required--if that's true. You may want an appointment with an attorney to assist you.

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  • L1B to L1A and now EB2. How feasible will be the stay after L1A expires.

    Hello, Need a quick advice from the great lawyers in Avvo. My situation is as below - I am a manager in a multinational company. I'm in USA on L1B visa since 2010 November. In 2014 my employer has converted it to L1A. So, I will complete my 7 ye...

    Barbara’s Answer

    I agree you need to understand the employer's strategy, and you may need to work with them on it. You don't say which country you are from, which can make a huge difference in the time frame you're looking at. I'd also be curious to ask why they decided to do an EB2 instead of an EB1. Note that the EB2 priority for India has seriously retrogressed by years. The State Department has stated that retrogression was caused in part by all the people who are converting from EB3 to EB2, resulting in EB2 being seriously oversubscribed.

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  • F1 to H1B

    Attending a MBA this fall. From a company's point of view how do you see my request to switch from F1 (OPT) to H1B (valid until 2018) once I find a company and start working for them?

    Barbara’s Answer

    In addition to my colleague's comments about the lack of sufficient visas being available for the number of petitions they receive, be careful what you study. A general MBA could be challenging, and you should consider carefully what area you study within the MBA. A different degree (science technology engineering or math) will give you more benefits in terms of extending OPT, etc.

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  • Will my recently-approved i-360 automatically become a base for my existing i-485?

    Hi, I filed my i-485 concurrently with i-130 in April 2015. My husband and I went to an interview in January 2016 and didn't hear back from USCIS yet. The online status says my i-485 case must be reviewed even after a 4-month wait. But that's not ...

    Barbara’s Answer

    File new adjustment application. You won't need a sponsor for an affidavit of support based on the I-360. Withdraw the prior I-485.

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  • How to deal with the situation and what action does the employee need to take from his side?

    I would like to know what does the employee on the H1b visa needs to do on the below situation. Was working on valid H1b visa to employer A and the employer B offered a position and told the employee to work in a location. the employee started wo...

    Barbara’s Answer

    An H1B employee is not allowed to switch employers until the new employer has received the USCIS receipt notice as proof that their new H1B has been filed and acknowledged by USCIS. You do have responsibility for maintaining your status. You should request a copy of the receipt notice prior to beginning work. However, if you were expressly given false information, that is definitely different. In that case, I agree with my colleagues.

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  • Is it better to go for the interview in my home country or stay in the US and apply for the Adjustment of Status?

    Hello, I’m current F1 visa student. I just found out that I am randomly selected for further processing in the Diversity Immigrant Visa Program for the fiscal year 2017. My student visa will expire in June, but my I-20 form will be still valid ti...

    Barbara’s Answer

    You must apply to adjust status. Even then, there may not be time, since the case must be completely finalized and approved prior to October 1, or you will lose it. The time to consular process is even way tighter.. If you entered the U.S. lawfully, have maintained lawful status, not worked without authorization and otherwise qualify to adjust status, that is absolutely what you should do. There is no room/time for mistakes on that case. Contact an experienced attorney to assist you. Your future is worth the money to try.

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  • How much it will cost for me to paid for a lawyer to help me full filled my need.

    Need help for applying or become a US citizen. Looking for a good lawyer to help.

    Barbara’s Answer

    It depends on the lawyer's experience level, whether there may be any issues in the case (arrests, time outside U.S., etc), and never forget to ask what is included. Does it include preparing you for the citizenship test and interview; does it include the attorney attending the interview, or is it just to prepare the initial application?

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  • Cannot determine whether or not this has to be renewed. INS became ICE during Bush in 2004 ? changes were made ........

    Resident Alien card . form I 551 issued 1982 has no expiration date.

    Barbara’s Answer

    There was a program to replace those cards way before INS was moved to the newly created Dept of Homeland Security and split into USCIS, ICE, and CBP. Replacing the card doesn't have to do with that, but you do need to replace it. The program to replace the old cards that didn't have an expiration date was in 1994-1995. Now all cards need to be replaced every 10 years to upgrade newer technology to make them harder to fake. By the way, you do not replace it through ICE but USCIS. They will check for any arrests or issues that may make you removable

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  • What is the best way for me to get an USA citizenship?

    I'm from Moldova. I came to the USA last year with a work and travel program. As I decided to stay here I changed my visa status from j1 to a tourist visa. Now my tourist visa is expired and I'm planning to get a citizenship. Is marriage just for ...

    Barbara’s Answer

    Oh, dear. It is a federal crime! On top of that you will never be able to obtain permanent residence in the future based on a real marriage.

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  • I797 got revoked by previous employer.Never stamped,have copy of I797. It had expiry as december 2017. Will it be cap exempt?

    My H1B got approved in 2015. But it never got stamped. I changed my employer now. My previous employer sent a letter to USCIS regarding the same. I used to see the status of my visa as "Your Petition got approved on October 2015". But today when I...

    Barbara’s Answer

    I agree with Mr. Caprioti that your question isn't clear if the new employer is the second or third one. If you can show that you actually were employed according to the terms of the H1B, then you should be able to file a new one with the new employer. DO have an attorney review all the details to make sure of it!

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