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 - I am an H1-B visa holder. I am planning to go to the US this month. Within how much time should I get a job there? Can I do a non-IT job?

there on my h1 visa?

A - You have to work for the employer that sponsored your H-1B visa doing the work described in the H-1B petition. The H-1B visa is not a blanket approval to work for any employer you like. If you don't work for the employer sponsoring your visa as soon as you enter the US, you risk becoming an illegal alien.

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Q - This is regarding special registration and whether it is applicable in my case. I was born in Yemen, however, I have always been a citizen of Country X.  I found out that it is written in my birth certificate registered in 1973 (my year of birth): Certificate of entry of birth of a Citizen of Country X. Birth within the District of the Embassy of Country X at Aden. Citizen of Country X by birth and descent. My father was working for the Country X Embassy at Aden, Yemen as a government of India official. Do I need to go and register with the INS office? My green card application (I485) lists my country of birth as Yemen.

A - You need to be a "citizen" or "national" of Yemen to be subject to the requirement. I presume you are not a Yemeni citizen. As for being a "national" the rules define this as follows: “a person owing permanent allegiance to a state.” I think you would win here as well. By the very nature of the job, a diplomat does not owe allegiance to the host country.

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Q - Is there any way for an employer to speed up the processing of an H1-B petition (e.g. paying additional fees)?

A - Yes. A $1000 fee can be paid to secure a 15-day turnaround time from the INS.

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Q - What is the difference between non-immigrant and immigrant visa?

A - Non-immigrant visas are visas of a limited time duration. Immigrant visas are indefinite and a person with an immigrant visa can stay in the United States until becoming a citizen, abandonment of green card status or committing a deportable offense.

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Q - I am just wondering about the citizenship rights of a child who is born in air means in an aeroplane. What if it is US air space but none of the parents are US citizens.

A - A child born on a plane in the United States or flying over its territory would acquire United States citizenship at birth.

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Q - I have an asylee status in the US since July, 1998 and have applied for an adjustment of status to Permanent Resident under I-485 (Asylum) category since October 1998.I was fingerprinted in September 2002 and awaiting an interview call for my Green Card. Am I required to register myself under the Special Registration Campaign recently announced by the INS? Besides, when can I expect to receive my Green Card.?

A - You are exempt from special registration. As for getting your green card, I suspect it will be within the next few months.

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Q - Can I renew my F-1 student visa from the US?

A - No. While it is possible to do this for H-1B, L-1 and other types of visas, for F-1s, you need to apply at a consulate.

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Q - Unfortunately, the timing is a disaster. Your father's earlier petition was voided by the marriage of your sister. His becoming a citizen means that he can refile in the Family 3rd preference category. But unless she divorced, there is no way to reclaim the 1997 priority date.

A - In 1997 my father (got his green card in 1996) filed I-130 for my sister in India (who was 26 yrs old) at that time. The petition (2nd preference) is still pending since the current priority date on 2nd B preference is APR94. Sister got married in early 2001 and Father got his citizenship in late 2001. How would these events affect the current petition? Does it mean that the current petition is cancelled (invalid) automatically and a new petition has to be filed? Or, is there a way to change or adjust the status? If there is an adjustment of status available, will the petition get transferred to the Third (Married Sons and Daughters of Citizens) category?

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Q - I want to bring my wife in USA on H-4 visa. Her last name in passport is different than my last name. Is it a law that before applying for H-4 visa she has to get a new passport with the changed Last name?

A - You don't need to have the same last names for the H-4 visa.

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Q - I was caught by INS in last June and then I was released on bail and now my hearing date is on May third. My question is should I have to go to the INS for registration according to the new law.

A - You are not excused from registering based on my reading of the rules.

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Q - Traveling to the US on a visitor visa and marrying here is risky since the INS may take the position that she entered the US with fraudulent intentions.

A - A friend of mine is planning to marry a US citizen of Indian origin. However, she is not wanting to "wait" for her Fiancé Visa. Will it be possible for her to travel to the US on a B2 visa and marry the gentleman on her arrival in the US? Will she be allowed to change her "status" from B2 to V?