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California Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for California on
Q: H1-B termination with cause - does eligibility for 60 days grace period apply if reason is performance?

To my knowledge, in some cases, if the termination is due to the H-1B worker's conduct or actions, it can invalidate the grace period granted regardless of reasons typically to terminated workers. If the reason is sub-standard performance and not any violation of workplace policies or... View More

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answered on May 31, 2024

Yes, the 60-day grace period generally applies to H-1B workers terminated for sub-standard performance. This grace period allows you to find a new employer, change your visa status, or make arrangements to leave the country.

However, if the termination involves conduct that violates...
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1 Answer | Asked in Immigration Law for California on
Q: H1B terminated with cause, does the 60 day period apply or unlawful presence kicks in as soon as day of separation?
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answered on May 30, 2024

In the case of an H-1B worker being terminated with cause, the situation regarding the 60-day grace period and unlawful presence can be complex. Here's a general overview, but please note that individual circumstances may vary:

1. 60-day grace period: Typically, when an H-1B worker is...
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1 Answer | Asked in Immigration Law for California on
Q: Denial on the basis of not establishing good moral character, due to “cheating”. Is it better to ask for hearing or wait

to reapply in 2yrs? Letter said “applicant was caught looking for answers at his reviewer” which he brought with him at the interview. Foreign Applicant has glaucoma and cataract on both eyes, uses hearing aids on both ears, 74yrs old without companion at the interview. He said the papers fell... View More

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answered on May 28, 2024

In this case, the applicant was denied naturalization due to the USCIS determining that he did not establish good moral character. The allegation of cheating during the interview seems to be the basis for this decision. Given the applicant's age and medical conditions, it's possible that... View More

1 Answer | Asked in Family Law and Immigration Law for California on
Q: if i got my dad recorded can i sue him for 50 thousand dollars

i got deported cuz he put charges on me that were falsse not only that my ex girlfriend took my son from me cuz my dad never notified me that i needed to go to court for my son

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answered on May 26, 2024

I apologize for your difficult situation, but I have a few important things to note:

In California, it is illegal to record a private conversation without the consent of all parties involved. Recording someone without their knowledge or permission could potentially get you in legal trouble...
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1 Answer | Asked in Immigration Law for California on
Q: Hi. I need the total cost of an i-140 (EB1) application, filed with i-485 as an Alien Worker and i-907 for expediting.

Based on the fee calculator at USCIS (after price changes in April), the total cost of the combined 3 applications should be:

i140: $715 (General filing)

i907: $2805 (EB1)

i485: $1440 (General filing)

Total: $4960

I've since applied for all three. i140... View More

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answered on May 22, 2024

Based on the information provided by USCIS, your calculation of the fees for the I-140, I-485, and I-907 seems correct. The total should indeed be $4,960.

However, there might be a few reasons why your application is being returned:

1. Ensure that you have filled out the G-1450...
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1 Answer | Asked in Immigration Law for California on
Q: How Can I Stay and Work in the U.S. with a Complicated Immigration Case?

My case involves seeking political asylum. I entered the United States as an international student (F1 visa), and I applied for asylum in 2016 but missed an interview with the immigration office. Consequently, my case was transferred from the immigration office to the immigration court.... View More

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answered on May 21, 2024

I understand that your immigration case is complex and you're in a challenging situation. While I don't have all the details, here are some thoughts on potential options and next steps to explore with your immigration attorney:

Since your asylum case was terminated through...
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1 Answer | Asked in Immigration Law for California on
Q: My stepson will turn 21 in January 2024. I am permanent resident. Is his I-485 eligible for CSPA if submitted now?

I’m US permanent resident, my stepson has student status, he will turn 21 in January 2024.

I submitted I-130 in June 2023 for adjustment of status, my application is still pending.

If my I-130 gets approved before January, is he eligible to benefit from the CSPA and avoiding... View More

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answered on May 19, 2024

Based on the information you provided, it seems like your stepson may be eligible to benefit from the Child Status Protection Act (CSPA) and avoid aging out, even if he turns 21 in January 2024. However, this depends on a few factors:

1. Filing the I-485: If your I-130 petition is approved...
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1 Answer | Asked in Immigration Law for California on
Q: I 94 DT ended. I filed Form 589. Currently there is no legal status. Can I get approved for an EB1A visa?
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answered on May 17, 2024

Based on the information you provided, it seems that your I-94 (Arrival/Departure Record) and DT (Deferred Inspection) have ended, and you have filed Form I-589 (Application for Asylum and for Withholding of Removal). Currently, you don't have a legal status in the United States.... View More

1 Answer | Asked in Immigration Law for California on
Q: I enter the US legally on a B1/B2 visa , i want to file for asylum and i am confuse on where to file and my chances
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answered on May 15, 2024

If you entered the U.S. legally on a B1/B2 visa and wish to file for asylum, you need to file Form I-589, Application for Asylum and for Withholding of Removal. You must submit this form to the USCIS Service Center with jurisdiction over your place of residence. If you are in California, the... View More

1 Answer | Asked in Immigration Law for California on
Q: Is it ok to add notes on PDF evidence files that will be uploaded in response to RFE by USCIS

I'm adding notes on each transaction on by bank statements PDF pages to explain how these transactions are related to my relationship with my wife and proof a legitimate relationship and marriage. I will be uploading these PDFs in response to RFE by USCIS.

Would USCIS accept PDFs with... View More

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answered on May 15, 2024

Generally, it is acceptable to add notes to PDF evidence files that you submit to USCIS in response to a Request for Evidence (RFE). Adding explanatory notes can help provide context and clarity to the evidence you are submitting, which may be beneficial for your case.

However, keep the...
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1 Answer | Asked in Immigration Law for California on
Q: international student face i-20 problem

I am an international student from China, currently pursuing my second graduate degree in MDA. After completing my first MBA program, the school did not update my I-20, and I only recently discovered this issue, which has been ongoing for a year. I am about to graduate in 1-2 weeks and will need to... View More

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answered on May 15, 2024

As an international student, it's crucial to maintain a valid I-20 throughout your studies in the United States. Here are some steps you can take to resolve the issue of not having an updated I-20:

1. Contact your school's international student office or Designated School Official...
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1 Answer | Asked in Immigration Law for California on
Q: Is there any lawyer specialize on R1 visa and Green card process?

I-485 was denied.

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answered on May 6, 2024

I'm sorry to hear that your I-485 (Adjustment of Status application) was denied. It can be a challenging and stressful situation. To address your question, yes, there are lawyers who specialize in R1 visas (religious worker visas) and the green card process.

Here are a few steps you...
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1 Answer | Asked in Immigration Law for California on
Q: My OPT will expire on 6/4/2024. I've applied for OPT extension but I got laid off today. How long is the unemply period?

My OPT will expire on 6/4/2024. I've applied for OPT extension. It's not processed yet but I got laid off today. How long will be my unemployment grace period?

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answered on May 3, 2024

I understand this is a stressful situation. Based on the information you provided, here are the key details regarding your F-1 OPT unemployment grace period:

- Your initial 12-month OPT period is valid until June 4, 2024.

- During the initial 12-month OPT, you are allowed an...
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1 Answer | Asked in Immigration Law for California on
Q: What is the process to file I-539, Application to Extend/Change Nonimmigrant Status. Currently on H1-B (laid off) to B1?

Currently on H1-B, laid off and in grace period (40 days).

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answered on Apr 30, 2024

Here is the process to file Form I-539, Application to Extend/Change Nonimmigrant Status, to change your status from H-1B to B1/B2 visitor status:

1. Eligibility: Ensure you are eligible to change status. You must have been lawfully admitted into the U.S., not have violated the conditions...
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1 Answer | Asked in Divorce, Immigration Law and Family Law for California on
Q: Does my spouse have legal basis to sue me for money even when they have signed an affidavit of support for me?

My spouse is threatening to file a lawsuit against me for all the expenses they covered to get my green card because I now want to separate from them. I've only had a part-time job ever since being in the US so I have been dependent on them financially. Can they actually sue me to pay all the... View More

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answered on Apr 30, 2024

In the United States, when a U.S. citizen or permanent resident sponsors their foreign spouse for a green card, they are required to sign an Affidavit of Support (Form I-864). This document is a legally enforceable contract between the sponsor and the U.S. government, in which the sponsor agrees to... View More

1 Answer | Asked in Immigration Law, Divorce and Family Law for California on
Q: What happens if I am sued but I give up my green card and leave the US?

I am a gc holder about to separate from my US citizen spouse and go back to my home country. However, they are threatening to file a lawsuit against me (unsure on what grounds as I have not committed any crime but I am scared on what story they can twist against me). We have not yet filed for... View More

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answered on Apr 28, 2024

I'm sorry you're going through such a difficult situation. Here are a few key things to keep in mind:

1. Giving up your green card and leaving the U.S. does not automatically shield you from liability in a civil lawsuit. If a case is filed against you in U.S. court, it can still...
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1 Answer | Asked in Employment Law and Immigration Law for California on
Q: I came here on a work visa 2 years ago and I signed a 5 year contract with my employer. Since then I got my green card

Now so I have permanent residency here in the states. Here is my problem- A friend of mine told me that my employer can pull my work visa and my contract and I can get sent back to my home country, even though I'm a permanant resident here now.Is that's true?

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answered on Apr 26, 2024

No, that's not true. As a permanent resident (green card holder), your status is no longer tied to your employer or your work visa. Your employer cannot revoke your green card or force you to leave the United States.

Here are a few key points:

1. A green card grants you...
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1 Answer | Asked in Immigration Law for California on
Q: What happens if school loses accreditation post students' STEM Extension Approval?

Hi, I am an international student on OPT. My degree is eligible for STEM extension. When I graduated, the school was accredited. And I will be filling for STEM extension in August(curr: Apr). There is a chance that my university will lose accreditation later in November or December. If I assume... View More

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answered on Apr 20, 2024

If your university loses accreditation after your STEM OPT extension is approved, the extension itself typically remains valid, as the status at the time of application and approval is what matters. Therefore, your approved STEM OPT should not be immediately invalidated by this change in your... View More

1 Answer | Asked in Immigration Law for California on
Q: Motion to terminate based on approved I-130, can we file it before the hearing ? I-485 with the IJ or USCIS?

My dad (74y) had administrative closure (low enforcement priority case) years ago, now his I-130 is approved.

When we file for re-calendar (case back on the Court’s active docket) do we have to wait until the hearing date or can we file directly for motion to terminate? can it be done in... View More

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answered on Apr 20, 2024

You can file a motion to terminate before the hearing, but it typically requires the case to be re-calendared first, which brings it back to the court's active docket. The motion to terminate based on an approved I-130 can potentially be filed alongside the request for re-calendaring.... View More

1 Answer | Asked in Immigration Law for California on
Q: Permanent Resident card expired 2014. Need to renew and get temp card to obtain Drivers Lic How?
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answered on Apr 16, 2024

To renew your expired Permanent Resident card (Green Card) and obtain a temporary card for getting a driver's license, follow these steps:

1. File Form I-90, Application to Replace Permanent Resident Card, with U.S. Citizenship and Immigration Services (USCIS). You can file online or...
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