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 filed for a change from one H-1B employer to another and began working when the H-1B change of status application was filed. My I-94 expired for the first employer and I am still waiting on approval from the second. If the application is denied and I am in danger of being subjected to the reentry bar if my I-94 has been expired for six months or longer? 

A - You should not have a problem with the reentry bars. A properly and timely filed extension or change of status tolls the re-entry bars for up to 240 days.

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Q - My wife is currently on H-4 and her H-4 is valid until February 2006. Right now she has an H-1B approval for doing her medicine residency at a hospital which is valid beginning June 1, 2005. Now can she go to India (home country) and come back on H4 status without getting the H1 stamped since the H-4 visa is valid until February 2006. 

A - I believe if your wife leaves and reenters in H-4 status, she's going to have to leave again and get the H-1B stamp and then reenter in H-1B status. If she never left the country, she could start in H-1B status without a problem, but the leaving means she'll need the visa stamp. 

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Q -  I have 2 children that were born in US. I’m not a US citizen. I’m moving to my home country for good. I know when my children become 18 years old they can come in US. How about my 3rd child who will be born in another country can my two daughter get him in US and is there a way  for him also to became a US citizen? 

A - Actually, your American-born children are US citizens and can come to the US whenever they wish. Your third child could have problems. The child will not be a US citizen if born abroad. If you maintain your permanent residency and the child enters the US before reaching the age of two, the child will automatically be considered a permanent resident as well. However, both you and the child will lose the green card at some point due to abandonment unless you maintain your residency in the US. 

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Q - My company’s preparing an I-140 for me based on a labor certification. The company's tax return and financial statement have shown losses since 2003, but I have been paid over the prevailing wage since filing the LC. What evidence should be provided at the time of filing I-140/I485?  

A - There are alternatives. You can include bank statements showing deposits and a sufficient balance to cover your salary as well as payroll tax records to show the company is managing to pay people despite the losses. A line of credit is also evidence that the cash is there. Many companies have losses built into their business plans and are sufficiently capitalized to get them through. So if you can prove that the company still has funding, that should be okay. Some immigration examiners don't understand this point, but most can be satisfied if the losses are explained and evidence provided that it really does have the money to pay you.