Q - I have a green card and went to England on Nov 30th 2004. I came back yesterday May 30th 2005. The immigration officer who checked my passport and green card said that I was out of the country for 7 months. I disagreed, but he insisted and put a stamp on my passport stating I had overstayed. Is there a way I can change this? I still have my air line tickets showing departure and arrival dates.

A - You are not likely to be able to get the stamp removed. But it likely would not matter. If your green card was not taken, the notation in the passport is basically a warning to the officer on the next entry that you may not be residing permanently in the US. I think you instead want to focus on taking steps to ensure that you can document that the US is your primary place of residence. I'd read the article on our site at http://www.visalaw.com/01jan4/12jan401.html.

*****

Q - Can you tell me the results of the latest DV lottery?

A - DV results are starting to be released, but the State Department usually takes two to three months to accomplish the task and then will send out a notice when they are done. That notice is usually released in June or July. You cannot verify that you have or have not been selected.

*****

Q - I'd like to ask a quick question on how to adjust status from I-130's Category 2B (unmarried daughter of lawful permanent resident) to I-130s Category 1 (unmarried daughter of US citizen) in the scenario below:

1. I did apply I-130 for my daughter (22 yrs old) on Category 2B 4 yrs ago (2001) with priority date of 2003.

2. I can apply for citizenship in 2006. Assuming I can become US citizen, how can I adjust the status for my daughter's I130?

3. When adjusting the status, which priority date will USCIS use to calculate in the new category 1?

A - When you naturalize, your daughter's case automatically converts to the better category and she'll retain the priority date from the first filing. The State Department won't know, however, until you notify them and then they'll begin consular processing. If your daughter is adjusting here in the US, she will simply file for adjustment of status with documentation showing the conversion to the new category (that would be done simply by providing your certificate of naturalization.

*****

Q - I am currently on an H-1B and have been approached about a job at a different company. If I apply for a new H-1 to a different company does that fall under the quota? I got my MBA about 2 years ago. Does that makes things different?

A - In most cases, you will not have a problem with the H-1B cap when you move to another employer. The key is whether you were counted against the cap in the prior job. If you only have H-1B sponsorship with an exempt employer (for example, a university), you may have to deal with the cap for a new job.