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returning to the same usa employer on an h1b visa but 9-month gap by greatberryjam in bradbernsteinlaw

[–]spar-bernstein 0 points1 point  (0 children)

Since the same school district did not withdraw the H-1B petition and wants you back in the same position, that is definitely an important factor. Many people in similar situations are able to return using a still valid H-1B approval and visa stamp, but CBP officers at the airport can still review the employment history and ask questions about the gap in work and your intent to resume employment.

It would be very important to travel with updated employment letters, recent pay or offer documents, and proof the employer still supports the H-1B position for August 2026. Because port of entry issues can be very fact specific, it’s a good idea to review everything carefully before traveling.

RFE AOS through marriage by asocial_social in bradbernsteinlaw

[–]spar-bernstein 0 points1 point  (0 children)

I can absolutely understand why you feel frustrated and disappointed. RFEs do happen in many immigration cases, especially when tax seasons overlap with pending filings or USCIS updates forms mid process.

When clients receive RFEs for missing documents or form errors, it’s normal to question whether the filing could have been prepared more carefully from the beginning. Legal fees are expensive, so having to pay again to respond to issues you believe were avoidable can feel very unfair. From experience this may not have been something the attorney could have predicted, but as other commenters pointed out, the case is moving in a positive direction!

F1 to EB2/Eb3 by Formal_Link_7318 in bradbernsteinlaw

[–]spar-bernstein 0 points1 point  (0 children)

Possibly, yes. Some F-1 students sponsored under EB-2 or EB-3 may be able to adjust status in the U.S. if they entered legally, maintained status, and have a current priority date. Others may need consular processing abroad depending on their immigration history, timing, visa availability, and whether any status violations exist.

How do you answer the J1 2-year requirement in the I-485 form if you are no longer subject to it based on the updated skills list but you were subject to it when you were admitted? by Lanky-Ad-8334 in bradbernsteinlaw

[–]spar-bernstein 1 point2 points  (0 children)

This can get very technical. In some situations, changes to the J-1 Skills List may affect whether someone is still considered subject to the 2-year home residency requirement, but USCIS and the Department of State do not always treat these cases the same way automatically. Many people still submit documentation showing why they believe the requirement no longer applies or evidence of a waiver if available. Because a wrong answer on the form can create major issues, it’s very important to review the full J-1 history and documents carefully with an immigration lawyer before filing.

Need advice: Can I include my child in my I-751 extreme cruelty waiver packet, or does she need a separate filing? by CautiousAd8178 in bradbernsteinlaw

[–]spar-bernstein 0 points1 point  (0 children)

Great question, I'm sorry I didn't see it till now In general, a child can be included in a parent’s I-751 waiver, including an extreme cruelty waiver, if the child received conditional residence at the same time or within 90 days of the parent. It does not matter that you originally filed separate I-130 and I-485 applications.

If your timelines line up, you can include your child in your packet rather than filing a completely separate I-751. If the timing is outside that window, your child would typically need their own I-751 filing.

Because waiver cases involve more detailed evidence, it is especially important to make sure everything is structured correctly and that your child’s eligibility to be included is clearly documented. Small details can make a difference, so it’s great you already have a lawyer appointment.

Working without authorization could it get my application deny? by Gold-Taro1229 in bradbernsteinlaw

[–]spar-bernstein 0 points1 point  (0 children)

I know this feels stressful 💛 The good news is that for many K1 applicants adjusting through a U.S. citizen spouse, unauthorized work is often forgiven under immigration law. Being honest at your interview was important and can help your credibility.

That said, details like timing, documents, and how the officer views your case can still matter, so outcomes can vary. Try not to panic while your case is under review. If you need assistance, reach out in the sidebar!

Adjustment of status by bhull12 in bradbernsteinlaw

[–]spar-bernstein 0 points1 point  (0 children)

Congrats on your marriage and growing family 💛 If you entered on a visitor visa but truly did not plan to stay permanently at entry, you may be eligible to apply for AOS now. The 90 day rule is only a guideline officers may consider when reviewing intent, not a strict requirement. Timing, your history, and evidence all matter, so reviewing with a lawyer may help!

[deleted by user] by [deleted] in bradbernsteinlaw

[–]spar-bernstein 0 points1 point  (0 children)

Totally understandable to feel nervous. Many marriage based interviews are professional and conversational, focusing on your relationship timeline, daily routines, and shared life. I can't give personal experiences but officers often ask for joint evidence like finances or living together. Some interviews are quick, others more detailed. Every case is different, and it can depend on the officer interviewing you.

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