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F. J. Capriotti III

F. Capriotti’s Answers

36,956 total


  • Can I renew my B1/B2 visa while I'm on TN status?

    I'm Mexican and possibly will get a TN status, and my B1/B2 visa will expire in 2 years, It doesn't matter if I had to cross to Mexico to I just want to know if there are limitations for applying for that type of visa because I don't want it to e...

    F.’s Answer

    You should wait until you 'need' the B to be renewed .. otherwise the US Consul in Mexico City will be confused.

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  • H1b expires on Sep 25. Can i file an extension on sep 10th with city 1 LCA and after a month file an amendment w/ new LCAcity2?

    H1b expires on Sep 25. Can i file an extension on sep 10th with city 1 LCA and after a month file an amendment w/ new LCAcity2?

    F.’s Answer

    You can't file anything .. the H papers are the property, and responsibility, of the employer.

    PS What's a 'city2'

    I hope is isn't a client project and that you might be working for a 'vendor' job shop, that could be a problem: https://www.uscis.gov/news/questions-answers-uscis-issues-guidance-memorandum-establishing-employee-employer-relationship-h-1b-petitions

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  • What does it means "Case Was Transferred And A New Office Has Jurisdiction" for my I-765 application based on a pending I-485 .

    I-485 I applied earlier and it is now pending to schedule interview .I applied I-765 three weeks later and I choose wrong category instead of C9. I requested to correct the category to C9 and based on a SR it has been corrected by mid of August ....

    F.’s Answer

    It is no big deal. CIS is behind on issuing the EAD cards and they're shifting files around the US to balance out the workload.

    NOTE: There may be a delay due to your changing the category ... thus it might take more than 90 days from when you filed before the card is approved/issued.

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  • How far in advance does the USCIS send the notice for a citizenship interview

    If it's relevant this question is for the state of Connecticut. Is there a gold standard minimum amount of time that the USCIS considers giving you notice for your interview ? I'm asking for reasons of peace of mind traveling without having ...

    F.’s Answer

    They usually only give 2-4 weeks notice.

    It can be re-scheduled ... but it is not a good idea.

    Plan on the notice coming around 5-9 months after you filed.

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  • Canadian PhD student studying in US: Can I engage in business activities in US?

    I am a PhD student studying at a university in Illinois. I have Canadian citizenship. Although it will be good to found my company in US, that is not necessary. I can found my company in Canada or in any country. What is necessary is marke...

    F.’s Answer

    No,
    no,
    absolutely not.

    Even if the company is founded in Canada, if you do any work, albeit only management, you will be violating your F-1 visa.

    Talk to an attorney in private via Skype to learn more about the dos and don'ts of the F.

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  • Can I get EB2 based GreenCard while waiting for Asylum interview?

    Hi I am waiting for my asylum interview in California. The interview will occur in 2 years approx. While waiting for the interview I am working for a US company with my work permit (asylum based). The employer wants to apply to EB2 for me. Can I ...

    F.’s Answer

    Here's the problem ... you appear to have violated, or have expired, whatever 'underlying' non-immigrant visa you had.

    This makes it super difficult, if not impossible, for you to 'adjust status' to an EB-2 greencard.

    Meet with the employer and an immigration attorney to clarify/confirm.

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  • Can two people from same country get E-2 investor visas through the same U.S. company?

    Two partners intend to invest in a U.S. company on a fifty fifty basis. They are both from the same country which has an agreement for investor visas with the U.S. Can they both get E-2 investor visas through the same company?

    F.’s Answer

    This is very difficult to do ... but not impossible.

    Talk to an attorney via Skype to explore things further.

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  • Can I get an OPT after finishing an certificate program if I already have done an OPT after AA-degree?

    I am planning on doing a 9 month certificate program in UCLA Extension, it qualifys for a F-1 visa and for OPT. I have already graduated from SMC with AA degree few years ago and done OPT then. Does this mean I can't get OPT anymore after finishin...

    F.’s Answer

    My guess is that the answer will be no.

    Talk to the DSO .. .he/she is in control of your SEVIS.

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  • Is it legal to stay and work in US while H1B application is pending?

    i am on J2 with EAD currently employed. My EAD expires 08/28. My employer filed COS to H1B Under premium processing (I612 already approved). While pending can i continue working from 08/29 or do i need to leave US?

    F.’s Answer

    Yes, you can stay.

    No, you can not work after 8/28 ... you need to wait for the actual approval.

    No, you don't have to leave the US .. you just can't work.

    Thus, you'll probably be taking a few days off at the beginning of next week.

    Keep in touch with the company lawyer, he/she usually gets an e-mail approval before anyone else.

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  • Im h4 visa holder from India. I have demat ac and trading ac in india. Can i do trading/invest in indian stock market ?

    Im h4 visa holder from India. I have demat ac and trading ac in india. Can i do trading/invest in indian stock market?

    F.’s Answer

    You can do whatever you want back home ... as long as you're not using a US-based computer or telephone to make the buy/sell orders ... that activity would be forbidden under the H-4 rules.

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