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 - In the upcoming PERM labor certification program, can a greencard holder employer be sponsor? Do you know anything about the earned legislation, which ment to be granted to those, who is in the United States for several years and paid there taxes? 

A - Under both current rules and the PERM program starting later this month, the owner of a sponsoring company can be a green card holder. As for earned legalization (I believe that's what you meant) there is no news to report on this. Such proposals have been mentioned by many, but there are no bills that are moving quickly. 

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Q - I am an H1B worker now with intention to file for green card shortly.  I want to start a company in (my field) in my field as well. Can I setup this company and run it (without paying myself) until my green card is complete? If I want to work for the company and pay myself, do I have to get a second H1B?  How difficult is that, since this will be a startup company? 

A - You could do this on the side once you have an employment authorization document which you could get once you get to the adjustment of status stage of green card processing. You can also look at getting a concurrent H-1B visa to run your own company if you need to do this sooner. As for whether this will be tough, it will be more difficult than the typical H-1B for an established company. You will likely be pressed on the issue of whether the new company has the ability to pay the prevailing wage. 

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Q - My boyfriend is here on the VWP from Australia, and has proposed to me since we recently found out I am pregnant. Is it possible to marry and file for change of status on the VWP? 

A - Yes, a US citizen can sponsor a spouse who entered on the Visa Waiver Program. You may face questioning on your intentions when you entered the US and whether you planned on marrying before you got here. That could be an issue particularly if you married immediately after arriving. If you made the decision to marry after arriving, then that should address this concern. 

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Q - Could you please explain to me how long can my mother stay in her country after getting immigrant visa (I am a sponsor)? She will need to sell her apartment there which will require at least 7-9 months and only after that move to USA. 

A - Your mother would have six months to make her initial entry after getting approved for the immigrant visa. But she can just stay in the US a short time, return home to finish closing out her affairs and then come back to the US. 

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Q - Do I need to attach a Fingerprint Card FD-258 with the fingerprint fee at the time of filing I-140/I-485? Thanks. 

A - No. You don't submit a fingerprint card anymore. You pay the fee, but not the card since you will be later called in to an Application Support Center for fingerprinting there.