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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Q - I am a US permanent resident and I received my green card a year back. I now wish to change my current employer. Can my current employer revoke my green card??

A - No. Only the BCIS could do that and they would do that only if they believed you got your green card through fraudulent means. That sometimes means switching too quickly from one employer to another after the green card is approved. But that is almost never the case where the green card was obtained through adjustment of status since you are allowed to switch in many cases after the adjustment application is pending 180 days. In cases where a green card is received through consular processing, you will need to be more careful. There is no actual number of days you need to stay with an employer, but most immigration lawyers would probably agree that a year is plenty of time to allow before switching. Good luck.

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Q - I got married in Jul 99' and applied for Perm Res. In Feb 2002. Will I be classified as a conditional resident if granted Perm res?

A - You will be granted unconditional permanent residency since you have been married more than two years.

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Q - My mother petitioned me under F2B category in September 1995. She became a US citizen in July 1996 while I got married in July 1997. My petition is now current. Am I still qualified for this petition? Can I apply for adjustment of status since I'm already in the US on H1B visa?

A - You're fine. You automatically converted to F1 in July 1996. And then you automatically converted to F3 in 1997. That category is up to March 15, 1997 now so you are noweligible to apply for adjustment of status.

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Q - I am currently in H-1 B status and I would like to travel outside of the US. Will I need to apply for a visa once I exit the US or can I just use my approval letter, a letter from my employer  and my I-94 to re-enter the US? If I need to get a visa, are there any risks of that visa being denied and jeopardizing my work situation? Is there a way I can apply for a visa from the US or go have my passport stamped before I leave the country?

A - Unless you have an unexpired H-1B visa in your passport or you are Canadian, you will need a visa stamp. You will have to appear at a consulate to get the visa unless you are just revalidating an already issued visa in the US. As for how you process, you need to check the rules of the consulate that will be processing your case.

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Q - I am a nineteen year old who’s just completed first year of University in US the cost of which was paid for by my parents. Some eight years ago, my family and l were granted permanent residence to live in the US. We settled in the US for a brief period before we moved on to Canada where l attended school until last year when l attended university in the US. I had registered with the University as a permanent resident since l am still in possession of the Green Card. The GC is due to expire next year. I would like to know if it is possible to renew the GC without having it revoke even though my parents do not reside here. I would very much like to continue with my studies in the US and to live and work thereafter. I am presently working on a summer job and l just want to know what l am doing is the right thing. Would you advice me if there is something l could do in order to legalise my residence here.

A - Your green card is independent of your parents. And since you are here full time, you should be fine. In fact, I would suggest you try and spend most of your time in the US so that you won't lose your green card due to abandonment.

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Q - May a student amend her Form 538 if inadvertently the DSO stated 38/HRS/WK for the optional practical training position and the position is only 20/HRS/WK? How does the amendment get filed, by mail or online or fax for the quickest results in New York?

A - I-538 forms are no longer valid and in use. The last date for their use was February 14, 2003, the mandatory compliance date for SEVIS. Every OPT application filed after that date must be done through SEVIS, and if there was a mistake, a correction must be made through SEVIS.

If this case was filed before that date and if is still pending, then it really depends on which Service Center it is at. In pre-SEVIS cases, DSO's used to endorse 3 places, front of the I-538, back of the I-538, and the last page of the I-20. The Service Centers usually went with the DSO endorsement on the back of the I-20, than the endorsement on the I-538. If the DSO was sure that she made a mistake and if she was certain, knowing the practices of the Service Center, that it was going to result in an incorrect date, the only way to intervene was by the DSO's regional NAFSA CIPP-RR who had a direct link to the NAFSA liaison at the Service Center.

Service centers are usually reluctant in amending pending OPT cases. For instance, for Texas Service Center, we were always recommended to withdraw the case and file a new application if it was not too late. New York falls under Vermont, therefore the case must be filed in there.  Therefore, I would recommend the DSO to contact her Vermont NAFSA liaison/ CIPP-RR for immediate help. Because this is a DSO certification, it must be corrected by the DSO. Thanks go to Arda Beskardes at the University of Memphis for his assistance with this question.

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Q - If an application for green card was made in 1995 by a parent for her unmarried children under 21 yrs, but now the affected children are all either over 21 or married.  Does it mean that the children no longer qualify for the visa? or is it based on when the application was filed?

A - When the children turned 21, they automatically moved from the 2A category to the 2B category. But their priority date - the date they filed their applications - is still the original filing date. So it is as if the application for the over 21 year old child was filed on the original date. No re-filing is necessary either. As for the married child, unless the parent has become a citizen before the marriage takes place, that application will become void because there is no category for married children or permanent residents.

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Q - I'm in the process of getting divorce and also want to apply for the citizenship. How can I get back my single last name?. In the N400 form there is an option to change names. Should I use this option or should I apply normally and when the interview comes present my divorce papers? How does this works.

A - You can put your maiden name on the N400. Just make sure to list your married name under "other names used". When you go to your interview, present your divorce decree. At that time, you can change your name to anything you like.

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Q - I'm on H1 visa and for some family reasons, I would like to take a week off from work. I do not have any vacation time left and would like to take an unpaid leave. As per the law, am I prohibited to take a leave without pay, or its alright its my company feels ok? I just want to make sure that the immigration law does not restrict me from doing that...

A - The law is not really very clear here, but leaves of absence are generally permitted on an H-1B if they are consistent with the rules applicable to American employees at the company and your job remains intact. What would not be okay is if the BCIS determines that your leave of absence is really a form of benching you without pay because the company lacks the work to employ you. But maternity leaves, sick leaves and similar unpaid leaves of absence are usually permitted.