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ASK VISALAW.COM
Each week we answer questions provided to us by Y-Axis as well as from our web site’s message board.  Y-Axis is an H-1B jobsite that provides a direct interface for the H 1B holders and aspirants with leading Consulting Firms and US End-Clients/Recruiters.  The website is www.y-axis.com. 
I heard that someone who has H-1B status does not need to apply for a new visa when he comes back to America from Canada if he stays outside of America no more than a month. Is that correct? And how about someone who has H-4 status? My friend came from China in 1998; he got H-1B and his wife got new H-4 status in America. If they go to Canada and come back to America in a month, do they need to apply for new visas? – George 
  
George – There is a provision in the INS regulations which allows one who is in the US on a valid I-94 to go to a contiguous country and return without getting a new visa as long as the person does not stay outside the US for more than 30 days and as long as the person does not enter another country on that trip. Canada, Mexico and various island countries would qualify. It is important to retain the I-94 when departing the US since it will be necessary to present upon your return. 
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I came in to the US on a B-2 visa last year. I am still in legal status, but may fall out of status soon. My permanent resident mother has filed an immigration petition with INS on my behalf before January 14, 1998 (by now, I must wait for the priority date to become current more than 4 years). I wanted to know if I can begin an employment-based green card case (through RIR labor certification) as a healthcare worker (I’ve studied Medicine in my home country) while using the grandfathering petition of pre-January 15, 1998 to show eligibility for adjustment of status under section 245(i). - SD 
SD – You were wise to get your mother’s petition in before January 14, 1998. People who filed immigration petitions before that date can take advantage of the now expired Section 245i of the Immigration and Nationality Act that lets people with immigration status violations process their green cards in the US as long as they pay a $1000 penalty fee. This is highly important for many because processing outside the US at a consulate may trigger a 3 or 10 year reentry bar when the person seeks to come back into the county. 
The good news for you is that you can use that priority date to give you access to 245i’s benefits with any type of immigration application. If you can qualify for permanent residency via employment, you will be able to pay the 245i penalty and process in the US. With respect to whether you will qualify for employment-based permanent residency as a health care worker, that is harder for me to answer. You would need to show that the job you have is that of a skilled or professional worker. That means you would need to show the position required at least two years of work experience or post-high school education and that you have the necessary experience or education. Also, if the position would normally require a license, you would need to show you have this as well. There are numerous other issues that affect whether one has a good shot at an employment-based green card and you should consult with an attorney for an assessment of your chances. 
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My brother has got approval for his H-1B visa extension up to 2002. He had to come to India without stamping of his visa for extension. He’ll do the stamping here in Mumbai. I would like to know what documents he needs to take with him for renewal. – Manjari 
Manjari – Your brother should take the following: 
-         Approval notice from the INS 
-         OF-156 form 
-         Photo 
-         Fee 
-         Complete copy of initial H-1B petition and extension petition 
-         Letter from employer stating that your brother remains employed on all the same terms as originally approved in the extension petition 
-         Recent paystub. 
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I want to change my status from H-4 to H1B. Is it legal for more than one employer to file for my H1B?? Suppose my H1B filed by Company A is approved first and I start working for Company A. After I start working at Company A say my H1B filed Company B is approved. Is it legal for me to resign from Company A and join Company B? – S. 
S. - Yes, you can go and work for Company B AFTER the H1B visa for that company is approved. You can also go back and work for Company A as long as that petition is not revoked. 
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If I file petition for my brother(s), the wait is 12 years. During that time will they be refused any non-immigrant visas (like Visitor/H1B etc.). Sam 
Sam - Depends on the kind of visa as well as your ties to your home country. Some visas, like B-2 tourist visas and F-1 student visas, require you to demonstrate that you are likely to return home when your status in the US expires. Having a permanent residency application filed for you could be seen by a consular officer as a negative factor. You still could be approved, but you will need to compensate with solid documentation of your ties to your home country.

Other visas, like the H-1B and the L-1 intracompany transfer visa are what are known as "dual intent" visas. That means, basically, that a permanent residency application will not be viewed as a negative factor and the government will assume that you will still comply with the terms of your non-immigrant visa even though you have expressed intentions to immigrate. 
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There was some talk about removing the per quota limit on countries for greencards, atleast employment based, which would probably clear up Indias EB3 backlog. Does you have any news/insight about that. - Nick 
This is still a possibility. The provision you are referring to is included in at least one version of H-1B cap legislation still pending in Congress. Expect news on this in the next month when either Congress will vote on an H-1B bill or the bill may be rolled up into a big budget bill. 
 
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