 ASK VISALAW.COM
By Marc Topoleski. Marc is a partner is SSHD’s Michigan office and can reached at mtopoleski@visalaw.com.
I came to the U.S. with an H-1B visa of Firm A. My spouse got her H-4 visa stamped using my approval for Firm A. Recently, I changed my job to Firm B and it has filed an H-B1 transfer for me but I have yet to receive the approval. My spouse will be coming to join me in the U.S shortly. Can she come here using the H-4 visa with Firm A's stamp? If yes, how long is it valid? Or does she need to wait until Firm B's H-1B visa for me is approved?
The safe, conservative route would be for your spouse to wait until your new H-1B is approved and then apply for a new visa based on that approval. However, if this is not practical, INS policy does permit a person to be readmitted on a visa noting a previous employer as long as the visa is valid and the person remains in the same status the visa was approved for. Thus, INS should admit your wife upon her showing that she has a valid H-4 visa and is still in H-4 status, which is done by showing that you are still in status under the portability provisions. Unfortunately, some INS officers are not yet fully familiar with the new portability provisions and thus it is helpful to have the right documentation to help guide them.
I have a question regarding the extension of the visitor visa.
My in-laws are visiting me for the second time and their visitor visa expires the end of this month. I have heard from people that visitors can stay for a year if they come for the second time. We have applied for the extension but have not received anything yet. Is it advisable for them to stay until they receive an approval or should they just leave?
Your in-laws have two options. Assuming they have a multiple entry visa, they could leave the US and reenter the next day and get permission to remain for another six months. Or, if you have already filed a valid request for extension of status with the INS, your in-laws can stay here pending the decision on the extension, and if it is approved, stay for the extension period (usually another six months). Immigration regulations provide that an applicant is considered in status for up to 120 days during the pendency of the application, provided that the application was timely filed and is not frivolous in nature. However, there is no such rule that a person can stay for a year on a B-2 visa if it is a second visit. A person is only authorized to stay for the period noted on their I-94 card.
Can I use the new INS premium processing to speed up a case that I have already filed?
Yes. Under the INS Premium Processing Program, you can apply for premium processing in pending cases as long as your petition is for a visa in a category covered by the premium processing program and you pay the 00 premium processing fee. If premium processing was used in a case that was pending, the INS would be required to complete your case within 15 days after receiving your premium processing request.
| 
