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New Jersey Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New Jersey on
Q: Question is as part of the H1B enterprenaur rule part as of JAN 17th 2025 H1B Modernization program

Question is as part of the H1B entrepreneur rule part as of JAN 17th 2025 H1B Modernization program:

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I am already in US on H1B since 10 year with I140 Approved and having my employer... View More

James L. Arrasmith
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answered on Feb 4, 2025

Given the recent H-1B Modernization program changes from January 2024, let me help address your questions about entrepreneurship options.

You can indeed transfer your existing H-1B visa to your LLC, and file both PERM and I-140 through your company, provided your LLC meets the employer...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: I have an immigration court date scheduled on Monday. Doesn't say anything about deportation, but need help or advice
James L. Arrasmith
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answered on Jan 31, 2025

It's understandable to feel concerned about your immigration court date, especially if you're unsure about the details. The fact that your notice doesn’t mention deportation is positive, but it doesn't necessarily mean that there won’t be discussions around your immigration... View More

3 Answers | Asked in Family Law and Immigration Law for New Jersey on
Q: I want to apply for my spouses green card we aren't living together because I am in school but can prove that should we?

I am currently a full time student and am enrolled in university just married my gf of 3 years and want to file for her I have affidavit of support with a financial co sponsor and proof such as letters texts pictures videos marriage certificate pictures of ceremony opening a bank account soon is... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 29, 2025

Yes, even though you are not living together, you can still sponsor your girlfriend after marriage for a green card. You would need to explain in writing exactly what your circumstances are that precludes you from living together. It appears that based on your fact pattern that you have a... View More

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1 Answer | Asked in Immigration Law and International Law for New Jersey on
Q: What are the possible ways to stay in united states legally on H1B visa when your project ended on H1B visa

If a person get laid off in US on H1B visa, what are all possible options to get stay in USA

James L. Arrasmith
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answered on Jan 18, 2025

When your H1B project ends or you face a layoff, you have a 60-day grace period to find another job or pursue alternative options. During this time, you can search for new employment with companies willing to transfer your H1B visa, which allows you to maintain your status once the transfer is... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Is entering a “no plea” and having the case dismissed with no arrest no conviction still a problem with immigration?

Is entering a “no plea” in a court case bad for USCIS? Can I be denied for citizenship?

James L. Arrasmith
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answered on Jan 17, 2025

Immigration and criminal matters are complex legal issues that can significantly impact your citizenship application. Even cases that were dismissed or resulted in no conviction must be disclosed to USCIS on your N-400 form.

While entering "no plea" might seem less serious than a...
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1 Answer | Asked in Criminal Law, Immigration Law and Traffic Tickets for New Jersey on
Q: I was cited for fictitious plates in NJ. It was a “no plea” case dismissed by prosecutors discretion.

In the eyes of immigration. When the day comes for me to renew my permanent residency or become a citizen. Will I have a problem? Will I get deported? Do I have a criminal record?

James L. Arrasmith
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answered on Jan 15, 2025

Having your case dismissed through prosecutorial discretion is positive news, as it means there was no conviction entered on your record. When a case is dismissed, it generally does not count as a criminal conviction that would affect your immigration status.

For immigration purposes, what...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: My parent has pending I130 and I485 application , can they travel out of US using advance parole
James L. Arrasmith
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answered on Dec 19, 2024

Yes, your parent can travel outside the United States using advance parole while their I-130 (Petition for Alien Relative) and I-485 (Adjustment of Status) applications are pending. However, they must obtain the advance parole document (Form I-131) and have it approved before departing the country.... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Does a temporary change of location require amendment, while on H1B?

I have been working for a software company on an H1B visa since October 2023. I am residing in the same city. My H1B petition and LCA have been filed accordingly. Now, I have started working on a new project which allows me to do remote work. So, I am planning to move out of the state and reside... View More

James L. Arrasmith
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answered on Dec 15, 2024

When considering a temporary relocation while on an H1B visa, the requirements depend on several key factors. The law generally requires an amendment and new LCA if you work from a location outside the geographic area covered by your original LCA, even for remote work.

Your situation -...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: The Undocumented immigrant using his brother’s house as mailing address, can he be accused of harboring?

Can a US citizen in NJ be accused of harboring his undocumented immigrant brother if his mailing address is being used by his brother? The brother who is undocumented does not live in their house. He lives in an RV Park.

James L. Arrasmith
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answered on Dec 14, 2024

Based on U.S. immigration law, simply allowing someone to use your mailing address does not constitute harboring an undocumented immigrant. The legal definition of harboring typically involves concealing, housing, or shielding someone from detection by authorities.

Since your brother is not...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: My i94 expiring on April 2025, Visa stamp expired(Oct 2024) but have valid i797(Dec 2026). Am I eligible for AVR proces?

Hello,

My passport is valid until April 2025 and have initial H1B visa stamping on this passport until Oct 2024. I changed my employer and got i797 approval until Dec 2026 in Jan 2024. After getting approval I travelled to India in March 2024 and returned to USA without visa stamping since... View More

James L. Arrasmith
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answered on Dec 11, 2024

Based on your situation, you would not be eligible for automatic visa revalidation (AVR) at this time. The key issue is that your current visa stamp and new I-797 are from different employers, which disqualifies you from using AVR to reenter from Canada or Mexico.

The automatic visa...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Reg. the Affidavit of Support I-864, can I use a 1099-R annual amount minus AGI? W-2s are not issued for NJstate retires
James L. Arrasmith
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answered on Dec 7, 2024

For the I-864 Affidavit of Support, you can indeed use income reported on Form 1099-R as part of your total household income calculation. This includes retirement income, pensions, and annuities that are reported on this form.

When calculating your income for the I-864, you'll need to...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: For N-400, do I say yes to "have u been cited by immigration official" if I was refused TN visa & denied US entry?

My wife (Canadian citizen) is filling her application N-400 for citizenship. In one of the questions, she's asked if she has been cited by an immigration official for any reason. In 2019 when she tried to obtain TN visa as part of NAFTA, her visa was denied at Toronto airport and she was... View More

James L. Arrasmith
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answered on Nov 18, 2024

Yes, you should mark "Yes" on the N-400 form regarding being cited by an immigration official, as the I-275 form constitutes an official immigration documentation of the visa denial and withdrawal of application.

When answering questions on immigration forms, it's always...
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1 Answer | Asked in Employment Law and Immigration Law for New Jersey on
Q: I’m on 60day grace period(h1bvisa) & it expires 11/29.have job offer, LCA not filed yet.what options if not filed by29th

Should I file B2? And wait for H1B transfer to be filed to maintain legal status

James L. Arrasmith
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answered on Nov 15, 2024

Your grace period ending on November 29th creates a time-sensitive situation that needs careful attention. Filing for B2 status before your grace period expires could help maintain your legal status while waiting for the H1B transfer process.

If your new employer hasn't filed the LCA...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Hi, what form can I fill out for my 10 year old stepson who lives in Haiti?

I am married to his father who is in the USA under a TPS status. we were married in 2022. for a few months my stepson was relocated to Dominican republic, due the the high rate of violence, and lack of infrastructure. he was recently deported back to Haiti because of the huge immigrant clean-up... View More

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about the difficulties you're facing in bringing your stepson to the United States. It must be incredibly stressful dealing with these urgent circumstances.

Given that your husband is in the U.S. under Temporary Protected Status and you're married to him,...
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1 Answer | Asked in Immigration Law, Intellectual Property and International Law for New Jersey on
Q: Can an F1 student monetize a a website they developed?

Two main questions.

1) Is it legal to sell the website in case someone makes an offer?

2) Can the website be monetized? Like through subscriptions or donations. Possibly setting it up as a company of some sort

James L. Arrasmith
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answered on Sep 30, 2024

If you are an F1 student in the U.S., you need to be cautious about engaging in any kind of employment, including monetizing a website. Selling a website is considered a transaction, and since F1 students are limited to certain types of work (like on-campus jobs or approved internships), selling a... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Question about 485J:

Current Status of the Employee:

The employee holds an I-485 EAD, and their I-485 has been pending for over 180 days, with a priority date of July 2013. They have approved I-140s for both EB2 and EB3. Initially, they filed under EB2, downgraded to EB3 for the I-485, and then interfiled with... View More

James L. Arrasmith
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answered on Sep 18, 2024

Yes, you can join the new company, assuming the job is in the same or a similar role, even if the company cannot provide a new 485J. Since your I-485 has been pending for over 180 days and your previous 485J has been approved, you are not necessarily required to submit a new 485J immediately upon... View More

1 Answer | Asked in Immigration Law and Business Formation for New Jersey on
Q: Can I invest in an LLC as a silent partner on an L1B visa without violating U.S. laws?

I currently live in New Jersey, USA, on an L1B visa, and my wife holds an L2 visa. We’re considering starting an LLC for a wholesaling business, which would involve my wife and my brother (who lives outside the U.S.). I would only act as a silent partner, providing financial investment if needed,... View More

James L. Arrasmith
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answered on Sep 12, 2024

As an L1B visa holder, your primary focus must remain on your employment with the company that sponsored your visa. Engaging in any form of active management or employment in a business outside of your L1B sponsor could potentially violate the terms of your visa. However, passive investment, where... View More

1 Answer | Asked in Immigration Law and Child Support for New Jersey on
Q: Taking 9 month baby to US

My husband is a US citizen. And he has applied i130 for me. It has been approved and i have got an interview date. My baby has born recently. Crba was rejected due to lack of physical presence. Now what could we do?

how i can i take my baby with me to US? Can i take her for my interview... View More

James L. Arrasmith
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answered on Sep 7, 2024

To bring your baby to the U.S., you will need to apply for a visa for her separately since the CRBA (Consular Report of Birth Abroad) was denied. Since your I-130 petition has been approved, you may be able to include your baby in your immigration process. You should contact the U.S. embassy or... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: What should I Answ Was the beneficiary EVER in the United States?

If there is no record of my entry into the United States

Caridad Pastor
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Caridad Pastor
answered on Sep 2, 2024

You must tell the truth even if you believe there is no record.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Do I need to explain on my new AOS application that I had an I-485 petition previously denied?

My husband (US Citizen) and I have been married for 4 years and currently reside in the US. When I married him, he was a permanent resident back then. At first, we tried to seek legal advice to check if I could adjust my status within the US with an overstayed visa; and the attorney told us I... View More

James L. Arrasmith
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answered on Aug 26, 2024

Yes, you should explain the previous denial on your new Adjustment of Status (AOS) application. It's important to provide complete and honest information on your application, including any previous petitions that were denied. This helps to avoid any issues or delays in processing.

When...
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