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Questions Answered by Carlo Franco L. Borja
2 Answers | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Hello Can H1b Visa holder work full-time for one employer for 40 hours and part-time for another one for 25 or 20 hours.
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Apr 7, 2024

An H1B Visa holder can work full-time for one employer for 40 hours and part-time for another provided he/she has approved H1B petitions under both companies.

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3 Answers | Asked in Immigration Law for Texas on
Q: Can I obtain legal status if I illegally entered the country 20 years ago from Mexico and have no order of deportation?

I have two over 21 year old kids that are US citizens and I never got a visa when I entered. I have no bad track record. I have a 9 year old and I haven’t seen my Mexico family in 20 years.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Mar 27, 2024

A foreign national who entered the US illegally may be petitioned by a US citizen child for lawful permanent residence but the foreign national will need to apply for a provisional unlawful presence waiver in order to apply for an immigrant visa. Work with an immigration attorney.

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2 Answers | Asked in Immigration Law for Georgia on
Q: Do I need a separate I-130 for my daughter and her two minor children?

If I file an I-130 as a U.S. citizen to bring my adult daughter to the U.S., do I have to file separate I-130s (and pay a separate filing fee) for her minor children?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Mar 23, 2024

A US citizen filing an I-130 for an adult daughter does not need to file separate I-130s for the daughter's children as the latter will be considered derivative beneficiaries.

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2 Answers | Asked in Immigration Law, Employment Law, Education Law and Employment Discrimination for Wisconsin on
Q: Working while waiting on EB-3 Visa

I am currently on STEM-OPT Visa and my company is working on helping be obtain an EB-3 Visa. There seems to be a couple steps;

1. Submitting and obtaining PERM Certificate.

2. Filing the form I-140 petition

3. Wait for Your Priority Date

4. Adjusting status.... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 15, 2024

A work permit (EAD) application can be submitted together with the adjustment of status application

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2 Answers | Asked in Immigration Law for Texas on
Q: I want to know if some other employer can sponsor for my H1B while I work for my current employer who doesn't want to?

Hi, thanks for helping with my doubts in the first place. I am a F1 student at OPT working for a company as a Software Engineer. I am not sure if my employer will file for my H1B petition this year as I am a new recruit. I would have only two H1B attempts left if he doesn't sponsor me this... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 13, 2024

Yes, some other employer can sponsor for your H1B while you work for your current employer but you need to work for the sponsoring employer once your H1B starts.

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2 Answers | Asked in Immigration Law for Illinois on
Q: Can I apply for I-131 and I-765 when applying for Form I-130 if I marry to a green card holder not US citizen?

I have a F1 visa and currently still remain my status in the US. I am marrying to a green card holder and we are planning to apply for Form I-130. Is it eligible for me to apply for Form I-131 and I-765 as well when I apply I-130?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 9, 2024

I-131 and I-765 can be applied for if you are eligible for adjustment of status. Work with an attorney

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2 Answers | Asked in Immigration Law for New Jersey on
Q: US citizen,filed I-130 for married son (38yrs) in 2016. However, he is now divorce. Do I need to reapply for new I-130?

His priority date is August 2016. However, he is now divorce. Can he still use this 'old' priority date or do we need to file a new I-130 as is 45 years old and single.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 6, 2024

No need to file a new I-130. Priority date will be retained and preference category will be converted to F1

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2 Answers | Asked in Immigration Law for Illinois on
Q: My fiancée has a daughter in Ecuador she arrived to the US with a tourist visa and recently had to travel back for an

Emergency concerning her daughter. She spent five years in the USA without a green card. What can I do to start her paperwork to legalize her

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 6, 2024

If you are a US citizen, marry her and file an immigrant petition for her. If she was unlawfully present in the US for years, she is subject to a 10 year bar from returning so she will need an unlawful presence waiver. Work with an immigration attorney.

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: If my wife moves to H1B from H4, can I still apply I-485 AOS for her with my green card application?

My employer has applied for PERM. But given the long time, it is taking, it will be a year at least till I get to the I-485 stage.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 6, 2024

Yes, as long as she is in valid legal status, she can apply as a derivative in your I-485 AOS

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2 Answers | Asked in Immigration Law for Texas on
Q: Can I work Uber,lift, doordash as part-time while my I140 and I-485 pending?

As an F1-OPT visa holder, my current employer is sponsoring me through the PERM process under the EB3 category.

I have concurrently applied for the I-140 and I-485, and they are currently pending after just about three months.

I recently received a new EAD card under the C09P... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 5, 2024

I recently received a new EAD card under the C09P category.

Can I apply to work with Uber eat, doordash as part-time job? Yes

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2 Answers | Asked in Immigration Law for Illinois on
Q: Should we submit I 485+I 765+I 131 before or after my citizenship. Currently a LPR with pending I-130 for spouse.

Priority date for I-130 is May 2023. Mainly we want to be able to travel internationally.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 3, 2024

Once Petitioner becomes a US citizen, beneficiary spouse can file for adjustment of status with I-765 and I-131 based on pending I-130. Work with an immigration attorney

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4 Answers | Asked in Immigration Law for California on
Q: Can a person on H1b accept an consulting/advisory role for other company that is not their H1b sponsor.

Does it depend on how many hours. How about 2-4 hours a week.

Does it depend on if we do it for free or charge a fee.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 1, 2024

H1B is employer specific. Working for another company without an H1B is not permitted

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3 Answers | Asked in Immigration Law on
Q: I am US citizen, filed I-130 for my 30 years old unmarried daughter in 2021 and in Dec 23 she got married. Pl guide.
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 29, 2024

Since your daughter got married, the priority date to be followed in the visa bulletin is F3

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4 Answers | Asked in Immigration Law for Florida on
Q: If my fiancé (irish citizen) and I (American citizen) marry in the US. Can my future spouse then leave the US and return

We are currently living together in the US, my fiancé has an h2b visa at present. After we are married in the US, can we go visit his family in Ireland for one month and then return back to the US? Would he be allowed back?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 26, 2024

The spouse of a US citizen may be sponsored for a green card. The spouse may apply for advance parole to travel abroad while the adjustment of status is pending.

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3 Answers | Asked in Immigration Law for Ohio on
Q: After I marry my wife who is from Columbia. How much longer can she stay in America. And how soon can I get her a visa

A permanent visa

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 26, 2024

If you are a US citizen, you can sponsor her immediately and she can concurrently apply for a green card. She can stay in the US while the application is in process. Work with an immigration attorney.

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4 Answers | Asked in Family Law and Immigration Law for Wisconsin on
Q: What are my options right now?

At around 8 months old, I was brought to the US as a baby. I am now 22 years old and currently expecting my 1st child with my fiance. I have graduated from school and have proof of my time living in the US and I've never broken any laws. I continue to see info about how to start the process of... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 24, 2024

If your husband is a US citizen, he can file an immigrant petition for you. If you entered the US without inspection, you will need to apply for a provisional unlawful presence waiver. Work with an immigration attorney.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Is it bad if I say I worked in the last 5 Years without having any working permit...?

Hello, I just submit my application for green card through marriage and I put on my employment history that I have been working in different places for the last 5 years even if I do not have any permit or SSN... Could I be in trouble for putting that on my application or maybe I could get just a... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 23, 2024

If applying for a green card based on marriage to a US citizen, USCIS will waive any unauthorized employment

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3 Answers | Asked in Employment Law and Immigration Law for Virginia on
Q: Is H-1B visa only about STEM people? Can't a person in communications/ PR get it?

I'm an administrator in a university and in my last period of OPT of my F-1 visa. My employer would like to sponsor me but apparently there is some federal law that stops them from that since my job could be done by a U.S citizen. Is that true and is there a way to still build a solid case... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 23, 2024

H1B is not just for STEM but for any occupation or job that requires highly specialized knowledge normally requiring a bachelor's degree or its equivalent.

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3 Answers | Asked in Immigration Law and International Law on
Q: Humanitarian reinstatement need help?

My grandfather who was our petitioner died recently, he applied for all his children and their family total 3 children. 2 of them were able to get the visa and are currently living in the states but before we could go and give interview he died. We expedited for our interview but by the time they... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 21, 2024

Schedule a private consultation with an immigration attorney to explore the options

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2 Answers | Asked in Immigration Law for New York on
Q: I became a US citizen before my daughter turned 18. My daughter lives abroad with her father who I divorced.

Does my daughter qualify for citizenship or should I apply I-130 for her?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 19, 2024

In order to qualify for derivative US citizenship, the child must be living in the U.S. under the lawful guardianship of a U.S. citizen parent.

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