lundi 1 février 2016

H Visas: Spouse on Dependent Visa

1) My husband is in Overseas. He intends to enroll for his MBA next year in the U.S. I am currently on H1B and have just started my Green Card application. So, we wanted to get his H4 visa before that happens to avoid any unknown complications that may arise from such a situation. It is this context that I have the following 2 questions:

1) what would you recommend, a H4 visa or F1 visa?

2) If you recommend, him applying for a H4, then my qeury is "Is there a possibility that he could be asked to produce his tax documents while he was here for 5 yrs previously from 2008 sept to aug 2013 ( as a student on F1 VISA). My husband does not have those documents with him anymore, so would that be a red flag, or is it something that I shouldn't be worried too much about considering he has all current documents in place.

Thank you!


H Visas: Spouse on Dependent Visa

Debt Collectors: Will New Mortgate Alert Old Creditor

My question involves collection proceedings in the State of: OR

Our family is outgrowing our house, and we're looking into a first home purchase. My wife is breathing down my neck to apply for mortgage pre-approval, but I have one big concern before doing so.

The problem is that during the height of the recession, was laid off from my job and was not able to find gainful employment for the better part of a year. In the interim, our savings were expended, and I began to default on some debts. Most were taken care of over the last several years, but upon pulling my credit report (which I hadn't been doing - shame on me), I see an active collection for a decent sum (over $5k, but under $10k) - one of my many student loans that was sold and resold among private lenders and I had lost track of in the shuffle. It is now in the hands of a debt collection law firm, and apparently has been for a few years.

I would prefer to repay it, but it's just not possible right now. Also, I see that the six-year statute of limitations for my state is coming up in a couple months. It seems like the most prudent thing (aside from sending them all the money i don't have), is to let the debt become time-barred so that it is unenforceable in the courts. It won't go away, but it will help.

I'm aware that having it on my credit report won't help the mortgage process, but there's not much I can do about that, other than waiting another year and a half for it to fall off my credit report.

So my question is this: In applying for a mortgage before the SOL is reached, is there a mechanism that will automatically alert the past creditor and put them on the offensive? Or do they have to manually pull my report (which seems unlikely at this juncture, since it requires an additional expense for a 5+ year old debt)?


Debt Collectors: Will New Mortgate Alert Old Creditor

Probate Court Procedure: How to Claim an Inherintance from an Intestate Estate in Puerto Rico

My question involves estate proceedings in the state of: Puerto Rico

I am a third-generation heir to my great-grandfather's estate containing of 2, maybe 3, Puerto Rico properties (1 residential/ [possibly] 2 land). He was married at the time, however my great-grandmother as well has passed. She did not have any properties/entities in her name. Together they have my grandmother, who is the only child and is still alive but disabled. She cannot travel and therefore has asked my mother (second-gen heir, also an only child) and I to take over Power of Attorney to help claim the estates of my great-grandfather.

Now, here's the sitch: my grandmother lives off of SSI and has not had any funding to hire a lawyer to help in the probate process. My mother and I are single with our own expenses, so there isn't much (extra) money lying around. We do have a need to get this over with and not worry or drag it out any longer. We have been told that we can create a will (with notary/lawyer) including all forced heirs, (really, it's just my grandma) from FL and PR will honor it; is this true?

I'm not really sure where to start and I'm really looking for anyone who can give me an outline on what to do. So I guess my real "root" question is: does Puerto Rico have a statute of limitations for a forced heir to claim an inheritance? And, what are the key steps to handling a case like this? Is there anything we can do from where we live (Tampa, FL) without contracting the legal services of a Probate Lawyer?

Things that we already have:
-No will (my great-grandfather did not leave one)
-My grandmother's BC (certificado de nacimiento) proving only child
-Both Great grandparents DC (certificado de defuncion)
-The residential address (NOT the lot or property number assigned by Puerto Rico and NOT the land address) ~ How can I find/request this?


ANY AND ALL TIPS/ADVICE IS GREATLY APPRECIATED!


Probate Court Procedure: How to Claim an Inherintance from an Intestate Estate in Puerto Rico

Denial & Appeals: Denied UI for Not Being Available for Work Even Though I Am Available

My question involves labor and employment law for the state of: California

I was denied UI because I'm not available for work. However, I am available.

I am coming off of disability. During the interview I was given 48 hours to have the doctor's office fax a note stating that I can work.

That fax was sent within 3 hours. The note stated that I can work as of the date of the fax, which is 1/19/16.

I suspect that there are two possible reasons that I was denied.

1. Even though the fax was sent on a timely basis, somehow the adjudicator (is that the right word?) did not receive it.

2. The UI application was from the middle of December, so the "as of" date stated by the doctor of 1/19 was taken to mean that I wasn't available in December.

When I appeal, obviously I will submit the doctor's fax. The question is, should I get another letter from the doctor clarifying the "as of" date? If so, please suggest the words that she should use.

Any other insights would be appreciated.


Denial & Appeals: Denied UI for Not Being Available for Work Even Though I Am Available

Copyright Law: Legality of Copying and Publicizing a Voicemail

Hello all,

I live in MA.

I have just received a bullying voicemail from somebody. If I were to make it public - primarily, in order to shame the bully - what are potential legal repercussions to me?

Thanks.


Copyright Law: Legality of Copying and Publicizing a Voicemail

Support Arrears: Forgiving Child Support Arrears in Texas

My question involves a child custody case from the State of: Texas

Approximately 4 years ago, I opened a case with the Texas OAG with the sole intention of regulating child support payments moving forward. When the case opened, the OAG also calculated a past arrears amount that was owed by the NCP. At this time, I am interested in forgiving the past arrears and am coming up on road blocks on how to go about beginning this process. I am looking for advice on how to move forward.

I would also like to add that I have read through several post about CPs forgiving arrears for NCPs and many people who respond are very opinionated about this. I, nor my child, are in a position that the past money is needed. Again, the only reason I went to through the OAG was for regulations purposes moving forward. I am looking for clear and concise directions on how to go about forgiving the arrears.


Support Arrears: Forgiving Child Support Arrears in Texas

Loan Agreements: Dealer Contract - Made a Mistake of Putting I Paid More then I Did

My question involves a consumer law issue in the State of: I am in Canada, Ontario province.

We bought a new car from a dealership. We agreed to a monthly financed price (finance was being done by the bank) with 2k down at that time and 3k at delivery. After going through the finance manager, we got some additional warranty, the total came up to $3,600 due at delivery. We paid that at delivery and picked up the car. After about a month I get a call from the dealer saying that they did a mistake and on paper wrote that we paid 3k down at the time of deal instead of 2k down. They are now putting a lien on the car that we owe them $1,000 in cash.

Another thing to note was that the passenger side door was damaged badly and in order to compensate us, they gave us some extras worth about 700 dollars. The manager just said that they are putting a lien against that on the car and that we won't be able to sell or trade the car until that is paid. Can they do this?

Thank you


Loan Agreements: Dealer Contract - Made a Mistake of Putting I Paid More then I Did