If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
Q - My H-1b initial 3 yr visa expires on 02.01.02 I am applying for a further 3 year extension. I am filing the LCA this week and will file the H-1B documents immediately upon receipt of my approved LCA. My question is: Do I need to submit my passport with the H-1B documents, or do I keep it with me? Can I travel outside the US while this extension is pending?
A - Just send a complete copy of your passport with the extension application. Don't send the original.
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Q -The wife has a pending labor cert application waiting to be approved by the INS (I-140). Can the husband who is here on tourist visa lawfully request extension of his stay in the US without jeopardizing his intent to immigrate here thru his wife's labor cert.? Any info regarding these is greatly appreciated.
A - He can apply for an extension of a visitor visa, but if his wife is in the middle of a green card petition, he stands a significant chance of being denied because he would have a difficult time showing he intends to leave. He'll most likely need to explore other visa options.
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Q - Hello, I went to my home country 2 years after I got green card thru asylum Now I have applied for US Citizenship - is there a chance of Citizen denial due to visiting home country - will the GC get revoked for visiting the home country.
A - No, since the trip was after getting the green card, it should not be a problem if you meet all of the other citizenship requirements. If you were still in asylum status at the time of the visit, that might have been a different story.
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Q - Is INS still accepting TPS applications for Honduras citizens?
A - The registration period ended this past August. It is possible that another extension may be granted next year, but it is still too early to say.
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