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Questions Answered by Iskra Panteva

1 Answer | Asked in Immigration Law for Illinois on

Q: Is there a legal way for an Australian citizen to permanently immigrate to the US?

I have a girlfriend in Australia who wants to come to the US permanently to work with me on several internet business adventures. We do not want to marry at this time and she has no family on the states. Is there a path for her to immigrate here? Please let me know.

Thank you

Iskra Panteva answered on Jul 12, 2019

Yes. There are several ways for Australians to come over and work on temporary or permanent basis. We will need some additional information on the business and her qualifications in order to establish eligibility. So, contact an experienced immigration attorney to help you out.

1 Answer | Asked in Immigration Law for Illinois on

Q: in what category I fall for GC as I hold 3+2 years degree from India with 14 yrs exp? Am I eligible for EB2/3. In H1

I have 3 years bachelor degree in computer science and 2 years masters in computer technology from India with 14 years exp. pls let me know which category I fall for filing GC ? I hold H1b currently ..Am I eligible for Eb1 or 2 ?

Iskra Panteva answered on Feb 6, 2019

It will depends on whether your degree is equivalent to Bachelor or Master's degree. Generally, if it is equivalent to Bachelor, then you are eligible for EB3. If it is Master's, you are eligible for EB2. In regards to the EB1, there is a different test that needs to be performed; whether you are... Read more »

1 Answer | Asked in Immigration Law for Illinois on

Q: I just married my husband. I want to bring him to USA. Am a green card holder. But my husband as went for an interview

3 times before at the embassy with is ex wife for visiting visa. They were denied, they divorced. We just meet and now i want to bring him. I dont know maybe it will affect me bring my husband to USA

Iskra Panteva answered on Oct 17, 2018

It depends on the visa he is applying for. He shouldn’t have problems applying for immigrant visa. However, if he is applying for tourist visa, there might be a problem as to whether he intents to come here temporarily. Consult with immigration attorney on your particular situation.

1 Answer | Asked in Immigration Law for Illinois on

Q: My husband is on tourist visa in the USA. We have been married for 8 years, 2 kids. I would like to know how soon

after his arrival we can apply for Adjustment of Status considering 90-day rule?

Iskra Panteva answered on Oct 5, 2018

In general, after 90 days. However, you need to discuss your situation with an experienced immigration attorney as this is not a common situation and the details of every case are different.

1 Answer | Asked in Immigration Law for Illinois on

Q: Am I in legal status when i94 expired, H1B extension in process and then applied for COS to H4 which is also in process?

Details:

I was on H1B visa till Nov, 2017 (my i94 was also valid till Nov 2017). In Oct 2017, I filed for H1B extension. In May 2018, I got RFE on H1B extension and my employer suggested me to apply for H4 COS. So, in June 2018 I applied for COS to H4 and H4 EAD together. Now, H4 and H4... Read more »

Iskra Panteva answered on Oct 5, 2018

While your petition and application are pending, you are in legal status. You will need the H-1B petition to be approved as this is a bridge petition between your initial H-1b and the application to change status to H-4. There should not be any problems just because you have two ongoing cases.... Read more »

2 Answers | Asked in Immigration Law for Illinois on

Q: Can you get married to an illegal immigrant in Illinois?

My boyfriends visa expired and he chose to still stay in the US. We want to get married but I’m not sure if we can because he’s illegal. And how would this affect his being able to get PR(permanent residency) will he still be able to? Or will he have to go back? We are trying to find a way so... Read more »

Iskra Panteva answered on Sep 15, 2018

Yes. You can get married to an illegal immigrant, and he can pursue immigration benefits. For more information, you should contact an experienced immigration attorney.

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1 Answer | Asked in Immigration Law for Illinois on

Q: How long a visa petition stay good after USCIS approve it ?

Iskra Panteva answered on Sep 1, 2018

It depends on numerous factors such as type of petition, the priority date, National Visa Center's status, the petitioner's actions, etc. You should contact an experienced immigration attorney in order to evaluate your case and to confirm for how long the petition can be good.

1 Answer | Asked in Immigration Law for Illinois on

Q: Hello, I have an immigration question, about reentry if I travel abroad

I am a permenant resident of about 14 years

I was convicted of an assault in the state of Illinois for pointing my finger at a police officer. I told a Sargent that was berating staff at a business I managed to leave. Later that Sargent filed charges claiming apprehension of assault... Read more »

Iskra Panteva answered on Jul 24, 2018

I would recommend to get the certified disposition of the charges and get an opinion from an experienced immigration attorney. It is hard to advise you on the limited information that we have without knowing the exact section of the law that you were charged under.

1 Answer | Asked in Immigration Law for Illinois on

Q: Convert to H4 status without leaving country visa after visa denied?

My brother is in H1B and got his extension denied on 07/18. Also his I94 was expired on 06/18. His wife is in H1B, so he was planned to convert his status to H4.

Is it possible to get that converted without leaving the country?

Iskra Panteva answered on Jul 18, 2018

He needs to contact an experienced immigration attorney. In general, it can be done but it will depend on the particular circumstances.

2 Answers | Asked in Immigration Law for Illinois on

Q: Need an attorney advice on EB (Employment Based) Immigration

Hi there, I'm a student (28 years). Currently on F-1 status, holding my I-20 status almost last 5 years. Meantime I'm working at subcontracting company under CPT (Curricular Practical Training) last 4 years as an estimator (soon to be project manager). My employer is happy to help with my... Read more »

Iskra Panteva answered on Jul 9, 2018

You will need to schedule a consultation with an experienced attorney who can look in details in your qualifications and the position. Generally, it can be done but it will depend on your country of birth, highest education achieved, the financial position of the employer, your proposed duties, etc.

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2 Answers | Asked in Immigration Law for Illinois on

Q: Can I switch J1 to J2 after J1 waiver is approved?

am a physician on J1 and was recently approved J1 waiver by Dept of State however still is pending at USCIS. My employer called and cancelled job due to overstaffing. At this time of year, it is difficult to get a decent job.

My question is can I switch to J2 dependent visa (My wife is on... Read more »

Iskra Panteva answered on Jun 22, 2018

You can definitely switch to J2. However, you might need different waivers for the two periods - one for the J1 period and one for the J2 period.

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2 Answers | Asked in Immigration Law for Illinois on

Q: Can we request USCIS for start date when converting H1 to H4(apply COS in advance)?

My Wife's H1 is ending in Nov 2018, can we apply COS and EAD now requesting a later start date after NOV to save time at that moment?

Iskra Panteva answered on Jun 19, 2018

You can request starting date as of the end of the H1B visa. Your wife will be able to get an EAD card only under certain circumstances. You need to contact an attorney with more detailed information on the case.

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