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Washington Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Washington on
Q: Can I change the company while my H1B case is still pending to be approved. It is better after or before it is stamped?

I have been selected in the lottery and received I-797C for the H1B. The case type is: I129 - petition for a nonimmigrant worker

Currently the case is pending with the company that is sponsoring my petition, and the USCIS is asking the company for more evidence. If the H1B is approved I can... View More

Carl Shusterman
Carl Shusterman
answered on Jun 21, 2018

If the H-1B filed on your behalf is approved, you can start working for the sponsoring company on October 1, 2018. If you want to change employers, the new employer must file an H-1B transfer petition for you after that date.

1 Answer | Asked in Immigration Law for Washington on
Q: How do I count days of home residency for J1 visa?

I am subject to rule 212e based on USG funding.

On return to my home country after a 1-week exchange, I resumed duties as a member of the foreign service. As a result, I traveled on official duties a few times and the way I count those short trips out may matter down the line.

So... View More

Carl Shusterman
Carl Shusterman
answered on Jun 4, 2018

One day partly spent in the US is counted as being spent fully in the US. Even if you were in the US for just 1 minute. Other than that a day partly spent in your home country is fully spent in your home country.

1 Answer | Asked in Immigration Law for Washington on
Q: If my ex only reported his children he has with his ex girlfriend and not mine for his u visa is that fraud
Carl Shusterman
Carl Shusterman
answered on May 30, 2018

Not necessarily. To commit fraud, he must have made a material misrepresentation. Whether he has children or not may not be relevant to his eligibility for a U visa.

2 Answers | Asked in Immigration Law for Washington on
Q: My friend will marry her American fiance. Her interview is coming. They never had a proposal. What should they say?

They never had a proposal. If the embassy asks about it during the interview, is it better to tell them they didn't have one, but explain why (Fiancee's shyness), or to make something up? I know that no proposal seems so fishy, but they are honestly getting married out of love. I... View More

Carl Shusterman
Carl Shusterman
answered on May 16, 2018

Whatever you do, tell the truth. Committing fraud would be a barrier to getting a visa and/or a green card.

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1 Answer | Asked in Immigration Law for Washington on
Q: I am waiting for decision on my I140 case for almost 3yrs. I have gone past more than 6yrs on my H1B. What r my options?
Carl Shusterman
Carl Shusterman
answered on May 10, 2018

You can continue to renew your H-1B status since you I-140 has been pending for almost 3 years.

If you have applied for asylum, a green card or US citizenship, and all you have got from the USCIS is a receipt and maybe a biometrics appointment, and you have waited way more than what the...
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1 Answer | Asked in Immigration Law for Washington on
Q: can a H4 visa holder staying in US volunteer (unpaid) in a foreign company NOT located in US?

my friend is on H4, she would like to improve her skills in tech, so can she volunteer/ (work unpaid) for a company that is located in a foreign country? what are her options?

Carl Shusterman
Carl Shusterman
answered on May 12, 2018

An H-4 visa holder is allowed to do volunteer work.

1 Answer | Asked in Immigration Law for Washington on
Q: I'm sponsoring mom for Green card. Need she still provide marriage certificate while my dad already passed away?

Hi,

I am applying for Green Card for my mom. My dad recently passed away. Does she still need to provide their marriage certificate as one of the supporting documents? If not, what's needed?

The record keeping system was non existent decades ago, and she has lost the original... View More

Carl Shusterman
Carl Shusterman
answered on Apr 28, 2018

No, she does not need to submit her marriage certificate. The documents which are important are your birth certificate and proof of your US citizenship.

1 Answer | Asked in Immigration Law for Washington on
Q: Hi whould a charge of 4 degree assault affect my eligibility to receive Green Card based on marriage?

I have been charged with assult with sexual motivation, a Grosse Misdiminore. I was planing to go to trial to get it dismissed but my attorney advice to not to because he said that I'm not citizen and that the judgement will not be for my favor even that the clam aginest me is so weak and has... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Feb 27, 2018

The worst case scenario is that your application could be denied, and you could be placed in removal proceedings. You really need to speak with an immigration attorney who is familiar with criminal laws that cover the area where you live.

1 Answer | Asked in Immigration Law for Washington on
Q: Can I travel out of country while H1B Amendment with same employer is in processing?

I have valid I797 until march 2019 but it is not stamped. My Perm has been filed last year in Aug and is pending with DOL. My employer also filed H1B amendment I129 for change in role. I have to go to India urgently for some personal reasons, and will get Visa extension stamping. Is it safe to... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Feb 27, 2018

It sounds like what you have is H1B status but not an H1B visa. Unless you have an H1B visa, you will not be allowed back into the United States. Once you are back in India you may need to apply for a visa to come back to the U. S.

1 Answer | Asked in Immigration Law for Washington on
Q: How do I extend B1 visa for my startup investment and support myself with a foreign employer that has US office?

I am a foreign-owner of US startup that has been registered outside of USA. I need to extend my B1 visa, as I am currently in Seattle and need additional investors meetings. My foreign employer has also a Seattle HQ and the branch I am working from is in Bosnia. Will this be a problem mentioning my... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Feb 2, 2018

You might want to consider getting an L1A or L1B visa. These are for intracompany transferees.

0 Answers | Asked in Immigration Law for Washington on
Q: Family of 4 immigrated to the US. mom and 2 children came without the dad, who never came to live or paid income taxes.

His sole intent was for the children to received free education and reduced in-state University tuition. I wasted a year helping the mom and children settle-in, then found out the true intention. Was this illegal?

1 Answer | Asked in Immigration Law for Washington on
Q: Reentry permit and renewal process while person in abroad

I’m writing behave of my brother. Our family came to the USA in 2015 with GC, and my brother went back to India for his BE degree in 2016. He got reentry permit (2 years valid) and going to expire within six months. The question is, does he come to the USA physically to renew his reentry permit... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Jan 11, 2018

Your brother should return to the US prior to the expiration of his reentry permit. He cannot apply for a reentry permit abroad.

1 Answer | Asked in Immigration Law for Washington on
Q: My company is currently doing my green card but I’m planning on marrying a citizen.

The company is in Stage 1( just posted my job after obtaining the prevailing wage). Can I marry at any time? Would it interfere with the ongoing process? I do want the company to pay for the green card, but at the same time I want to plan my wedding. Should I wait until the green card is granted?

Roger Carl Algase
Roger Carl Algase
answered on Jan 9, 2018

All other things being equal, green cards through a genuine marriage relationship are usually faster and less expensive than green cards through Labor Certification.

0 Answers | Asked in Child Custody, Divorce, Family Law and Immigration Law for Washington on
Q: What are my rights at a divorce with a drugs and alcoholic husband having a 15mo old son and me being a legal immigrant?

What is the chance to get permanent custody of my son in case of a divorce in this situation?

2 Answers | Asked in Immigration Law for Washington on
Q: I am submitting a I864. My income is not enough. I would like to use the intending immigrants income. What do I do?
Edit Stelczner
PREMIUM
Edit Stelczner
answered on Dec 8, 2017

You can use the intending immigrant’s income if it comes from authorized employment. I strongly recommend working with an immigration attorney so that you get through this process without any mistakes or delays.

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1 Answer | Asked in Immigration Law for Washington on
Q: I am a US Citizen and my mother's 1-130 HAS BEEN APPROVED. Can she apply for Employment Authorization Card?

My mother is already here in the US on a visitors visa

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Nov 28, 2017

She needs to apply for her green card, and at the same time, she can apply for a work authorization.

1 Answer | Asked in Criminal Law, Identity Theft and Immigration Law for Washington on
Q: Can I apply for green card if I have a misdemeanor record?

I'm an international student with F-1 visa. My boyfriend is a US citizen. We are planning to get married next summer after we graduate from college. However, 3 years ago I was involved in a shoplifting case that I was not convicted, and my case was dismissed after 1 year. I wonder if I still... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Nov 20, 2017

In general, with shoplifting, if it was only once, it is unlikely to be an issue. We strong recommend consulting with an immigration attorney so you can discuss the details of your particular case.

1 Answer | Asked in Employment Law and Immigration Law for Washington on
Q: I am an American wanting to work in Canada but I do not want to lose my citizenship. Will I lose it if I accept a job?

I have a degree in criminal justice and would like to work in law enforcement in Canada. However, I read that by taking an oath I could lose my citizenship. Is this true? Are there ways around it?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 19, 2017

You can lose your citizenship if you swear allegiance to another country. Perhaps you don’t need to be a citizen of Canada, however, just their equivalent of a permanent resident.

1 Answer | Asked in Immigration Law for Washington on
Q: Is it mandatory to include Principal Immigrant's income in i-864?

1. Do we have to include the immigrant's income as part of household income? The immigrant is working with OPT (from F1 visa).

2. If it needs to be included, does the federal tax return or W2 of the immigrant have to be included in the application package or just the US citizen's?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 12, 2017

It does not need to be included. It can be included under certain circumstances if necessary.

1 Answer | Asked in Immigration Law for Washington on
Q: Can I legally marry my girlfriend who's on a visitors visa and then file form I-130 and have the ceremony later?

My girlfriend and I have been dating for 3.5 years in long distance and we want to have the marriage ceremony in December of 2018 in Australia and then have her be able to come to the US on a long term visa shortly after the wedding. In order to do this we have thought that one option might be to... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 23, 2017

Thank you for your question.

You can marry her in Australia. There is no issue with that. Many couples put off the ceremony for different reasons (i.e. finances, family, etc). and we have found this not to be objectionable. What you need to look for is for her entry. She may have issues...
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