Washington Questions & Answers

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?

1 Answer | Asked in Contracts, Employment Law and Immigration Law for Washington on
Answered on Jun 21, 2018
Carl Shusterman's answer
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.
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Q: Will I lose my house if I file for bankruptcy? I still owe on the mortgage.

2 Answers | Asked in Bankruptcy for Washington on
Answered on Jun 18, 2018
Timothy Denison's answer
Many factors go into answering your question, such as value of house, amount owed on mortgage, equity in house, your income, plus chapter filing type. Consult a local bankruptcy attorney who can help you plan and execute the right decision for you.
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Q: Is it illegal for my employer to force me to take callback of 35 min when I live 65 minutes away from hospital?

1 Answer | Asked in Employment Law for Washington on
Answered on Jun 14, 2018
Salim U. Shaikh's answer
It's an arbitrary change of your job contract without consultation or agreement by your side. If they still force you to take "on call" of 35 minutes then you must sit and discuss with them asking a nearby homing facility at their cost so as to make you able to arrive within 35 minutes. All this must be reduced into writing for future reference.
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Q: Is it possible to file a second claim on an injury?

1 Answer | Asked in Personal Injury for Washington on
Answered on Jun 14, 2018
Christopher M. Davis' answer
In some circumstances it may be possible to pursue a secondary claim for a personal injury. An example of this might be if the first third-party claim was settled for the full policy limits but that the damages exceeded the policy limit amount. You should consult with an attorney about the specific facts of your case to get a better understanding of your legal rights and options.

Q: My kid broke her leg in London -- is it possible to sue the responsible party in the US?

1 Answer | Asked in Personal Injury for Washington on
Answered on Jun 14, 2018
Christopher M. Davis' answer
While ultimately there are a number of different factors that can impact this issue, jurisdiction for a personal injury matter is typically determined by the location of the incident which caused a person's injury. It is unlikely that you would be able to pursue a lawsuit in the U.S. for this injury.
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Q: How do I count days of home residency for J1 visa?

1 Answer | Asked in Immigration Law for Washington on
Answered on Jun 4, 2018
Carl Shusterman's answer
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.
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Q: I want to have a 40 year felony record expunged. How do go about doing that?

1 Answer | Asked in Criminal Law for Washington on
Answered on May 31, 2018
Stan Glisson's answer
I would contact a criminal defense lawyer who practices near the courthouse where the conviction was entered. They can tell you if your particular case is eligible to be expunged, and how the process works.

If you are eligible, it can normally be done in less than a month.
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Q: I am unsure about what is my best course of action is in my unusual situation(Bankruptcy, Debt consolidation, etc.

1 Answer | Asked in Bankruptcy for Washington on
Answered on May 31, 2018
Timothy Denison's answer
You need to consult with a local bankruptcy attorney who can analyze your situation and give you your options so you can lot the best course.
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Q: If my ex only reported his children he has with his ex girlfriend and not mine for his u visa is that fraud

1 Answer | Asked in Immigration Law for Washington on
Answered on May 30, 2018
Carl Shusterman's answer
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.
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Q: Am I allowed to keep any of my property if I file a Chapter 7 bankruptcy in Washington State?

2 Answers | Asked in Bankruptcy for Washington on
Answered on May 27, 2018
Timothy Denison's answer
Yes. You are able to protect some property using your Federal or state exemptions. Consult a lawyer locally who can help you determine which chapter is right for you.
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Q: Am I allowed to keep any of my property if I file a Chapter 7 bankruptcy in Washington State?

2 Answers | Asked in Bankruptcy for Washington on
Answered on May 18, 2018
Gordon Charles Webb's answer
Yes both real and personal property as long as fair market value and equity within the applicable exemptions.

Q: My friend will marry her American fiance. Her interview is coming. They never had a proposal. What should they say?

2 Answers | Asked in Immigration Law for Washington on
Answered on May 16, 2018
Carl Shusterman's answer
Whatever you do, tell the truth. Committing fraud would be a barrier to getting a visa and/or a green card.

Q: What would be my next step after a judge refused to properly inform me of all the elements in my charge?

1 Answer | Asked in Criminal Law and Legal Malpractice for Washington on
Answered on May 16, 2018
Jennifer Melissa Azure's answer
Understanding you do not wish to have an attorney represent you, based upon your question I would recommend your next step be to speak with an attorney to explain the process. The Court has not charged you with a crime, the prosecution has.

The Court is required to advise defendants of their rights at arraignment, ensure that the true name and date of birth are provided and go through the elements of the crime - which usually will name either the City or the County and in the State...

Q: What does it mean for landlord to attempt to mitigate damages resulting from abandonment. see details for quote.

1 Answer | Asked in Landlord - Tenant for Washington on
Answered on May 15, 2018
Brent Bowden's answer
It means, usually, that you try to find a new tenant. If a tenant abandons the premises or breaks the lease 3 months into a one year lease, you can't just do nothing and then demand the next 9 months of rent. You have to make reasonable efforts to find a new tenant.

That is a pretty generic answer. It may not be adequate to address your situation. I would definitely suggest you contact a lawyer if you are wondering how the requirement applies to your specific situation.

Q: can a H4 visa holder staying in US volunteer (unpaid) in a foreign company NOT located in US?

1 Answer | Asked in Immigration Law for Washington on
Answered on May 12, 2018
Carl Shusterman's answer
An H-4 visa holder is allowed to do volunteer work.

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?

1 Answer | Asked in Immigration Law for Washington on
Answered on May 10, 2018
Carl Shusterman's answer
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 USCIS has stated on their website is the average waiting time, wait no more!

The same applies if you have been interviewed and it is now months later, and you have yet to receive a...

Q: I moved to Washington state &have rentals in Indiana state under an llc. Do i need to get a WA rental business license?

1 Answer | Asked in Business Law for Washington on
Answered on May 9, 2018
Benton R Patterson III's answer
Each state requires business entities that conduct business above a minimum level to register to conduct business in the state. A Washington licensed business attorney can advise on what the specific requirements are in Washington. Based solely on the fact that no bank will permit you to open an account, I suspect that banking in the state may cross the minimum threshold. It is fairly easy to register a foreign LLC to conduct business in a different state. Check the Washington Secretary of...

Q: Can I leave my current apartment lease with official orders to ship to Naval RTC?

1 Answer | Asked in Military Law for Washington on
Answered on May 7, 2018
Robert Donald Gifford II's answer
You need to put it writing to your landlord and request to terminate the lease, and include a copy of your orders. If you think there is going to be a legal fight, send it certified mail and keep a copy. If you have an email address or fax number, I'd be that thorough. The earliest termination date will be 30 days after the date on which the next regularly scheduled rent is due.

Q: can i sue for a wrongful death suit for the death of fiance'? we intended on marrying and we share a child.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Wrongful Death for Washington on
Answered on May 4, 2018
Peter Munsing's answer
The child has a claim. Contact a member of the State of Washington Trial lawyers Association. They give free consults.

Q: Revocable Trust and can I ask for all account of monies.

1 Answer | Asked in Estate Planning and Probate for Washington on
Answered on May 1, 2018
Brent Bowden's answer
If you got a letter from an attorney representing the trust or your sister as trustee, I would try reaching out to that lawyer to check on the status or hiring a lawyer to do it for you. There are any number of reasons it could be taking this long.

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