Immigration Lawyer Peter Messersmith

Peter Messersmith is an attorney located in Orlando, Florida. He has been practicing immigration law since 2002 and has represented thousands of immigrants and US businesses with their immigration needs.

Lost Labor Certification/PERM

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Please help me. My boss lost my labor certificate. He filed my I-140 with a signed copy but apparently that wasn’t good enough and they are asking for the original. What I can do?

Lost labor certifications are not uncommon. The biggest problem is that the Department of Labor will not simply send you another one. They will only send a duplicate directly to USCIS. Normally the procedure is to make a formal request, following proper procedure, to USCIS to request a duplicate for the labor certificate from the DOL. Then once they receive the duplicate, they will send it to the Petitioner and both parties may sign it. By waiting until the last minute, you have violated proper procedure and your case may be denied. Because the PERM approvals are only valid for 180 days now, you may be in the situation where a denial of your I-140 may require you to undergo labor certification all over again. We can assist you in this matter, though it will not be easy.

Interfiling Issues at the Nebraska Service Center

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I have filed two I-140 cases, both through the same company. One was EB2 and the other was EB3. I filed my I-485 with the EB3 case but now my priority date is current with my EB2 case. How can I tell USCIS to use my EB2 priority date?

There is a process called interfiling, whereby you may request the USCIS to match up approved I-140s with a pending I-485 even if the cases are spread out over different service centers. USCIS is slow to act in these types of cases and the process differs substantially at each service center.

J1 Extension While J1 Waiver Pending

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I’m currently holding a J visa from ECFMG which will expire October 7. I’m in the process of getting a J1 waiver through the Conrad 30 program. I know I need the H1B visa before I can start the waiver job but I’m worried that my J1 will expire before I get the waiver. Can I extend the J1?

Yes, the ECFMG should be able to extend your DS-2019. This goes for all J1 visa sponsors, not only the ECFMG.

H1B Visa Stamping for Researchers and Scientists

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My company recently filed my H1B application which was quickly approved by USCIS. I went to the US Consulate in Chennai for stamping and they asked me to complete a detailed questionnaire about my research, my qualifications and how my trip to the US will benefit my research. I wasn’t expecting this and they told me that my answers could result in an indefinite wait for the visa stamp. Is there anything you can do to help?

While these questionnaires would appear to be more applicable to EB1 or NIW beneficiaries, they are actually for a Security Advisory Opinion from the US Department of State. These lengthy questionnaires are becoming more and more common for persons coming to the US to do any sort of research whether the application is for H1B visa, O-1 visa or EB1 or NIW. .Most of our clients are getting clearance in about 1-2 months and we are instructing applicants to plan ahead.

Is an O1 Visa or P1 Visa More Appropriate for a Rock Band?

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Hi, we have a well known band in the UK and are looking to tour the US. I’ve spoken to several different lawyers and they are all giving me different advice. Can you tell me if we should be looking to get an O visa or P visa?

While it is technically possible for the lead in the band to procure an O1 visa and the rest to procure O2 visas, the simple rule is that the O is for individuals and the P is for groups. You would be much better off applying for the P visa.

P3 Visa Denial

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I am the leader of a small band from the Dominican Republic that sings Perico ripiao. We applied for a P3 visa so we could perform at several locations in the US. Our case was denied by INS because they said our performances were not culturally unique. We received a notice that we could appeal but I don’t know if we should. Can you get this case approved for us?

Unfortunately, these types of decisions are becoming more and more common. There are certain visa classifications such as the P3 visa which USCIS, and some Service Centers in particular, feels are often abused. Although, I have not yet seen your denial notice, I am quite certain that this decision was made by the California Service Center.

Merengue tipico or Perico ripiao is certainly a culturally unique singing style which is common in the Dominican Republic. This type of case can easily be won on appeal. However, appealing this type of case is often more expensive than refiling, as appeals are generally more complicated than filing the first time and the processing times are generally longer. You may consider refiling but it is ultimately your decision.

Travel After Asylum Approval

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My asylum was approved in 2007 and I want to travel. My old passport is still valid but I heard I shouldn’t use it. If I don’t use the passport, how can I travel?

Definitely do not travel on your old passport. Using the passport may cause your asylee status to be revoked and you may be unable to obtain permanent residency or US citizenship when you are otherwise able to apply. The USCIS offers a refugee travel document which may be used in place of a passport for asylee travel. Be sure to obtain the document before traveling and do not return to your home country.

EB5 Investment Based Green Card

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How long does it take to get a green card through the EB5 program? As long as I make the required investment, the visa is guaranteed, right? I also read that the EB5 program will end soon, is that true?

Current processing times are about 4-6 months for both Form I-526 and Form I-829. According to USCIS figures, there were 692 EB5 cases filed from October 2008 through May 2009 and 608 were approved so your chances are good but not guaranteed. There are many factors which can lead to a denial so you must be sure to prepare your application very thoroughly. The EB5 program is scheduled to sunset in September but it is widely expected that the program will be extended but because applications are taking 4-6 months to get approved.

LPR Travel Outside the US for More Than One Year

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I’ve held my green card since 1995. I was recently laid off due to the slowing economy and am considering moving back to England. I don’t know if I will return but I would like to keep that option open if I do decide to come back. What can I do?

In order to maintain your permanent residency in the US, you must evidence your intention to remain a permanent resident. This is normally shown through presence in the US. If you anticipate being outside of the US for more than one year, you should at the very least, apply for a re-entry permit before you leave and make some regular trips to the US during your time outside. There are a few other options to maintain residence but they do require some effort and expense.

Company Relationship Requirements for the L1 Visa

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I have a B1 visa right now and I am in negotiations to purchase a US company. I have a company in Brazil that is looking to expand and found some opportunities here. What kind of visa can I get if I buy this company?

If you have worked for the Brazilian company for one year out of the last three in a managerial or executive position then you will be able to obtain an L1A visa. Many people believe that L1 visas are impossible in new acquisition scenarios but that is not the case. There is no time requirement for the relationship between the US company and the foreign company.