Ep. 69 Tips When Applying for H-1B Visa

  • H1B nonimmigrant visa petition may be filed starting April 1st 2016.
  • LCA cannot be submitted earlier than six months and therefore you must put the starting date on the LCA before October 1st, 2016.
  • Regarding US degrees, one must submit proof by way of an official of the school: dean, registrar, etc.
  • There are regulations that extend the authorized stay of all F1 students under the Cap Gap exemption.
  • Be very clear with the attorney working on your case as to the kind of position that you’re applying.

Raw Transcript:

Jacob: Hello everybody, this is Jacob Sapochnick, your host of You Ask, We Answer, my immigration lawyer podcast. I’m excited to record this episode because we are now in January 2016 and just a few months away from the H1B filing season. And so I wanted to — in a series of podcast episodes, talking about what needs to be done before you can file for the H1B visa. Today, I just want to talk about some general filing tips that are really important to know months in advance. Continue reading

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Ep. 65 Is the Fiancé Visa a Safe Visa?

  • The San Bernardino gunwoman came to the US on a fiancé visa. Is the fiancé visa safe?
  • Applying a K-1 visa is a very rigorous and complicated process — too many things they have to go and disclose — for a terrorist to use to enter the US. It is much easier for them to falsify application for a tourist visa, and enter US, than with the K-1.

Raw Transcript:

Jacob: Hello everybody and welcome to another episode of Ask an Immigration Lawyer. This is your host, Jacob Sapochnick.

Today I want to talk about an issue that we’re getting a lot of inquiries via emails and also via our Facebook page. This is regarding the horrific shooting in San Bernardino right here in California. We have two gunmen, a husband and wife, who shot more than 14 people in a horrific act of terrorism. Continue reading

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Ep. 62 Can you leave the country while status of application is pending?

  • When you come to the US as a visitor, or a student, or on a work visa, sometimes you will need to change your status.
  • Can you leave the country while status of application is pending?
  • If you leave, it will actually result in the abandonment of the application.

Raw Transcript:

Jacob: Hello everybody, this is Jacob with Ask an Immigration Lawyer Podcast. You ask, we answer, simple.

Today I want to answer a couple of questions that came from people that are either about to file or are currently waiting for their change of status application inside of US.

Whether you come here as a visitor, or a student, or on a work visa, sometimes you need to change your status. So for example, let’s say you came on a work visa and then you lost your job, you want to move from work status to a tourist status or a student status. All these things require what is called a change of status application. Continue reading

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Ep. 60 US Department of State Re-issues the October Visa Bulletin: “What can I do?”

  • On September 25th, the United States Department of State made some additional changes to the October 2015 visa bulletin. This essentially replaces the September 9 announcement.
  • It includes new and earlier date of filing cutoffs.
  • It is hard to say what caused them to reissue, but it can be assumed that they might be overwhelmed with the workload if they follow the earlier chart.
  • You should be prepared with your applications, get documents organized, as Department of State may continue to make changes on a weekly or a monthly basis.
  • Keep monitoring the visa bulletin.

Raw Transcript:

Jacob: Hello everybody, this is Jacob Sapochnick. You ask, we answer, simple. The My Immigration Lawyer Podcast.

Today, I wanted to update our listeners about the breaking news a couple of days ago. The US Department of State reissues the October visa bulletin and everybody’s wondering what’s going to happen now. Continue reading

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Ep. 59 October Visa Bulletin and Changes Allows Much Earlier I-485 AOS Filings: How does it work?

  • Starting on October 2015 visa bulletin will have a new separate cut-off date chart for finding adjustment of status cases.
  • Having this dual chart will have several purposes.
  • This is an advantage to those who are working for the same employer for years.

Raw Transcript:

Jacob: Hello everybody and welcome to Ask an Immigration Lawyer Podcast. You ask, we answer, simple. This is your host, Jacob Sapochnick.

Today I wanted to answer and explain the changes, the amazing changes that were announced last week about the October 2015 visa bulletin which will allow an earlier filing of adjustment of status applications known as the 45. This is a change that, I believe, we have not seen in more than 40 years. Continue reading

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Ep. 58 How can I get tourist visa if there are battery charges against me?

  • Criminal cases are big issue for visa approval.
  • It will factor whether you get approved for a visa or not.
  • Frequency and the recency of the crime will factor greatly – up to 5 years preceding when applying a visa.
  • When applying, a proof that you have changed your ways, good moral character can be submitted, but it will not guarantee for a visa approval.
  • Another way is the 212(d)(3) Nonimmigrant Waiver

Raw Transcript:

Introduction: You ask, we answer your immigration questions. Simple. Now your host immigration lawyer, Jacob Sapochnick.

Jacob: You ask, we answer. Ask an immigration lawyer. Thank you and welcome to another episode of Ask an Immigration Lawyer.

Today, I got a response to a direct email from Simon. Simon is in the UK. Simon is writing, “I live in the UK. Unfortunately I got two common assault battery charges in 2011 while trying to defend my mother and family. Continue reading

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Ep. 56 What is The 2-Year Rule on a J-1 Visa?

  • J-1 visa holders are required to go to their home country for 2 years after the program.
  • You have to either comply or get a waiver, if not, the requirement will stay with you forever.
  • It also applies even if one marries a US citizen.

Raw Transcript:

Jacob: You ask, we answer, simple. Ask an Immigration Lawyer Podcast. This is your host, Jacob Sapochnick. Today, I want to answer the J-1 2-year residency requirement question. People ask me, what is this 2-year rule on a J-1 visa? Continue reading

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Ep. 50 How to Apply for Green Card from Student Visa?

  • F visa holder must know that when you apply for a green card you may lose the chance of renewing your F1.
  • The length of a green card process can take two or more years. This process will not allow you a right to stay in the US.
  • Until you can get to the adjustment of status process, you won’t be allowed to work.
  • It may take years especially for those from India and China.
  • Always get advice from a qualified attorney before filing from an F1

Raw Transcript:

Jacob: Hello everybody, this is Jacob here at Ask An Immigration Lawyer Podcast. You ask, we answer, simple.

I’m getting a lot of questions now that the H1B lottery is over. Many, many people were not selected and they have to go back to student status, they have to give up those jobs because H1B visas were not – they were not selected in the lottery. Continue reading

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Ep. 48 What is the Visa Bulletin and How to Use it?

  • Visa Bulletin provides valuable information on the immigrant visa number’s availability; both the family and employment side.
  • It has priority dates and cut-off dates.
  • The State Department publishes a monthly waiting list based on the applicant’s priority dates.

Raw Transcript:

Jacob: Hello everybody, welcome to Ask an Immigration Lawyer. You ask, we answer, simple. This is your host, Jacob Sapochnick.

I’ve been getting a lot of emails and inquiries about the Visa Bulletin. People ask me questions what it is and how does it work. Continue reading

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Ep. 47 What Is The Difference Between The L and E Visas

  • L visa is a known immigrant visa.
  • L status visa holders can file for green cards without losing their L status.
  • L visas can bring their family members. They can come on L2 visa.
  • It allows the primary holder of the visa to bring employees to US who are working for the same company abroad.
  • e-Visa is based on a treaty trade or treaty investment.
  • e-Visa requires a substantial investment.
  • e-Visa holder cannot apply for a permanent residency green card while L1 visa holders can.

Raw Transcript:

Jacob: Hello everybody, this is Jacob Sapochnick. Ask an Immigration Lawyer. You ask, we answer, simple.
Today we continue with our L1A visa series and I got a bunch of good questions about the benefits of the L1A visa and how it differs from the e-Visa, the investor visa. Continue reading

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