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 - Can an H1B holder own and operate a business outside of his H1B job?  If not, how can this be done?

A - The only way to do this is to get a separate, concurrent H-1B approval for the second job. There is no bar on having an ownership interest in an H-1B sponsoring employer as long as the employer can demonstrate an ability to pay the prevailing wage and that the employer has a genuine need for the worker.

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Q - My H1B 6 year term expired in August 2003 so I had to leave the country. I know that I have to stay outside of USA for 1 year. When can I apply for the new H1B visa (taking in account that processing takes some time)? Do I get under the H1B visa cap?

A - You can apply up to six months before you are eligible for H-1B status again as long as the start date on the petition is no earlier than you are eligible to come back.

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Q - I heard rumors that there is a time restriction on how long a visitor can stay.   My mum is coming to visit the USA. She is over 70 yrs. old. She already has a US tourist visa. Can she stay for about 2 months with me? I am a permanent resident here.

A - Immigration inspectors typically authorize stays of six months per trip. Extensions are possible on any given trip. What is always key in these cases is whether a visitor can show that they have strong ties abroad and will go home when their authorized stay in the US is over.

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Q - An individual who entered the US with a V-visa sent an application for adjustment of status to that of Permanent Resident.  And then later applied for a Citizenship via N-600.  Both applications are pending.  A Receipt Notice for the Permanent Resident application has been received. These two applications are based on her father who is a recent Citizen of the US. The child is under 18 years of age.

The individual with V -visa applied to college and requested for Financial Aid.  The college required proof that she is an eligible Non-Immigrant Alien. Is she considered an eligible Non-Immigrant Alien for the purpose of Financial Aid ( Pell Grant etc.)?

A - The US Department of Education requires proof of lawful permanent residency (I-551 stamp or greencard) for financial aid purposes.  DOE has a very good publication about non-citizen financial aid eligibility that I used very often when I was a DSO.  You

You can download it at the following web address:

http://www.ifap.ed.gov/sfahandbooks/attachments/sech2-citizenship.pdf

Under that list, she will not be considered an eligible non-immigrant.  This document is from 2001 and at that time the V visa was not in existence.  Nevertheless, their FAQs from 2003-04 instructions I think confirm this statement:

http://studentaid.ed.gov/students/publications/completing_fafsa/2003_2004/ques2.html

13. Citizenship status. You can receive federal student financial aid only if you are a U.S. citizen or an eligible noncitizen. If you have changed from a noncitizen to a citizen and have not informed the SSA, contact the SSA to update your status. Otherwise, the SSA may report that you are not a citizen, and you will have to provide citizenship documentation before receiving aid.

For financial aid purposes, an eligible noncitizen is one of the following:

·         A U.S. permanent resident who has an Alien Registration Receipt Card (I-551 or I-151)

·         A conditional permanent resident (I-551C)

·         A noncitizen with a Departure record (I-94) from the U.S. Immigration and Naturalization Service (INS) showing any one of the following designations: "Refugee," "Asylum Granted," "Indefinite Parole," "Humanitarian Parole," or "Cuban-Haitian Entrant"

You are neither a citizen nor an eligible noncitizen, nor are you eligible for federal student aid, if you are in the U.S. on one of the following:

·         An F-1, F-2, or M-1 student visa

·         A J-1 or J-2 exchange visitor visa

·         A B-1 or B-2 visitor visa

·         A G series visa (pertaining to international organizations)

·         An H series or L series visa (allowing temporary employment in the U.S.)

·         A "Notice of Approval to Apply for Permanent Residence" (I-171 or I-464)

·         An I-94 stamped "Temporary Protected Status"

·         However, you may be eligible for state or institutional aid and may therefore wish to complete the FAFSA to apply for that aid. If you are completing a paper FAFSA, fill in oval C. On FAFSA on the Web, indicate that you are not a citizen by using the drop down menu.