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 on H-1B visa holder. I have valid H1B visa up to 2005 October. But I have moved to another company, and I have got new H1B approval that is up to 2007. For that do I need to send my passport for stamping right now or I need to wait until the first one will expire. And with the old visa can I travel to India or not?

A - You can reenter on the stamp from the first employer as long as you provide documentation at the port of entry that you have properly changed status in the US and are complying with the terms of your H-1B approval with the new employer.

****

Q -  If a person is here in the US and is in Optional Practical Training status and he/she marries a person who has just gotten his/her green card:

(A)Does the person get to stay in the US after his/her Optional Practical Training expires?
(B)What will his status be?
(C)Will he/she have work authorization to work here in the US?

A- Unfortunately, you only get a place in line in the 2B green card category and cannot remain in the US just because that application is pending. You won't get any right to stay until after that petition is current (which will take a number of years) or your spouse gets citizenship. You'll need to be able to find a way to stay on your own.

There is no (and there never was) an extension of OPT once the 12 months is used.  Therefore, the day your OPT ends, your employer will have to get you off the payroll and you cannot work until your H-1B is approved and becomes effective.  Note as well that there is a new rule that enables people in your status to remain in the US until October 1, 2004 (even if their OPTs have expired and it is out of their grace periods) if they have an H-1b approved for October 1, 2004 and they file for the change of status by the end of July. 

*****

Q - I am a Canadian citizen, but my wife is not. If I apply for the TN visa to work in US, What visa my wife could apply for?

A - Your wife could still get TD status even if she is not Canadian.