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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. 
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Hi! After 6 years of H1 visa is my husband eligible for an H4 visa (I will be on an H1 visa)? 
 No. H-4 and H-1B time is counted together.  

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  My elderly parents living in Poland are scared because they heard on the polish radio that INS is going to limit the stay on tourist visa to 1 month, down from 6 months. They have 10-year B-2 visas and have been planning to come to visit us (permanent residents) and stay for several months. Is it true that INS is going to change the length of stay on tourist visa? 
 The INS is considering this, but it is not yet policy. A person could presumably request extensions, but there is virtually nothing known about this plan and it is somewhat of a surprise to the immigration lawyers community. We write about this development in this week's newsletter. 

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I just received an approval of my I-140 application.  I am going to file I-485 right away.  I have another 1.5 years left on by H1B.  I know that H1B and H4 holders do not need to get an advance parole if want to travel outside of the US during the I-485 processing period (for Texas service center it is 700 days).  Will I abandon my H1B status if I request work authorization?  What will happen with my husband's H4 status?  My mother-in-law is 80 years old which makes immediate ability of my husband to travel more important that his right to work in the US in the next 1.5 years under I-765. 

You will not be abandoning your H-1B status simply because you have an employment card as long as you comply with all of the terms of your H-1B visa. Your husband can also maintain his H-4 status. 
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  Hi, My status is going to change from F1 to H-1B. Can I go to Mexico to get my passport stamped for an H1 visa? I heard  that they are changing the rules starting April, 2002. Could you please elaborate on the changed rule? Could that mean that I will have to go to my host country to get the H1 visa on my passport? My F1 visa on my passport is valid until Dec. 2004. Can I reenter the US using the F1 visa if I'm on H1? 
  You can still go there to process. But beginning April 1st, if the visa is denied, you will not be able to reenter the US on your current I-94 card. You would have to return to your home country and seek a visa there. 
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  Have a friend who is 23 years old and is interested in studying in the US. Her English is pretty good (scored over 500 on TOEFL, previously). Assuming she is accepted at an American University and they will issue the appropriate forms, what does someone in her position with neither an American Embassy or Consulate in Iran do? University Officials have told me that once they issue the appropriate forms foreign students attending their university receive their visas from American consulates and embassies real fast, in some cases one day service. 

Well, first, you are correct that we do not have an embassy or consulate in Iran. So the application will need to be made in another country like Turkey or the UAE. She would need to apply for the student visa in person and, yes, if approved, it can be done usually in a day. The problem will be in convincing the consular officer that the person has the intentions to go home when the student visa ends. This is no easy task. It will help to show that the intended area of study will make it easier for your friend to get a job in Iran when she returns. It will help to show that she has much of her family in Iran. It will help if she has assets in Iran and that her family is well-to-do. All of this may not be enough. Student visas are under tighter scrutiny since 9/11. And it has always been difficult for young, single women from developing countries to get student visas.