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 done my visa revalidation on march 2003 and my got visa stamped on July 2003 and is valid until September 2005, I joined new employer on Feb. 2004 and got New H1B petition, when I go to India do I need new Visa stamped (Transfer visa) because my current visa is having my prior employer name?

A - You should be able to reenter with your new visa stamp if you are maintaining your H-1B status and have an approval notice for a new H-1B employer. Getting a new stamp just because you have a new employer is not necessary if the USCIS has approved the employer change.

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Q - 1) I am currently on my OPT expiring in Mar 2005 and have just applied for my H1B. Do you think I need to go in for premium processing or will the quota definitely not expire?

2) If I leave the US while my H1B is under processing - around Mid-August - to work as an expat in my home country, does that in any way affect my status here, or in other words, is there a possibility I might not be able to re-enter into the US?

A – 1. Premium processing will not be necessary- the cap is according to the date of filing, not the date of approval.  In other words, if you file before the cap is reached, you are okay.

2. Leaving the country will not terminate your employer's H-1b petition, BUT will terminate your change of status application.  So, when you return you will be readmitted as a F-1 OPT and when the H-1b is approved, for it to take effect, you will have to leave the country and apply for a H-1b visa to be stamped in your passport.  Therefore, unless you travel back and forth a lot and travel would not be a problem, I would recommend you to remain in the US until your H-1b is approved.  Then, when you leave the country, you will still have to visit the consulate for the appropriate H-1b visa again.

Currently regular H-1b processing is taking about 2 months in most service centers.  This is the best advise I can give without knowing the H-1b beginning date you asked, your home country, and the service center where your H-1b is filed.

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Q - Can someone with a J-1 Physician Waiver position change jobs?

A - Yes, under exceptional circumstances it is possible to move J-1 physician shortage area waiver positions. One example is if a facility closes. You would need to find another shortage area and prove you have a contract to serve out the balance of your obligation period. Keep in mind that the standard is not easy and you should not assume that getting approval is automatic. It also helps to get the support of the agency that sponsored you. Their support is influential in the USCIS' decision to approve or not approve the transfer. The proper mechanism to change positions is via an H-1B transfer application.

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Q - I filed an I-140 in the National Interest Waiver category June this year. My H1-b visa expires in October 31, 2005. I haven’t prepared my I-485 application yet but I intend to. I’d like to see whether my I-140 application is approved or not, as this is a very unpromising category – but had no other option right now. Do I need an advance parole I-131 approved in order to be able to travel outside of US or that is needed only when I-485 has been filed? The second, more interesting question is: what is the priority date for the I-485 in such a case? The receipt date of I-140 filed earlier or the receipt date of I-485? Is there a time gap that one must not exceed in such a case?

A - First, I'm presuming that your NIW was not for work as a physician. There are special rules for physician NIWs. Second, you can continue to travel in and out of the US on the H-1B up to and after the adjustment application is filed. An I-131 is not necessary if you want to maintain your H-1B status. If you want an advance parole document, you'll need to wait until you file the I-485. As for the priority date, it is the date of filing the I-140, not the I-485.

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Q - My green card is in process and has gone from state(SWA)to regional(USDOL) but my management is changing, so the person who initially signed for my LCA application will no longer be with the company. Will this affect me when I file for I-140 and I-485?

A - The departure of the employee of the company who signed your initial paperwork would not be a problem assuming that the company is still the same company and there are no major corporate changes. That does not sound to be case here.