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'm holding H-1B status as is my husband. He's applying for a green card and I’m applying as part of his application. We just had our fingerprinting and am waiting for approval for the I-485(got the 140 approval already). I want quit my job now (my H1B expire in 12/2006). Can I do this? Do I have to transfer to H-4, or just wait for the green card?  

A - Since you have a pending adjustment application, you don't need to switch to H-4 status. 

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Q - Hi! Can you tell me know how many receipt/case numbers will be received after concurrently filing I-140/I-485 with the EAD and AP? Is it 4? I would like to check each case online. Thanks. 

A - You should be receiving four receipts - one for each application. 

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Q - I am applying for H1B visa. Is there any min size of processing company? recently my friends visa got withheld   because company was too small and further enquiry is required. 

A - There is no minimum size requirement, but smaller companies sometimes have a tougher time showing they have the financial ability to pay the offered salary. If the company is not yet profitable and not well capitalized, there could be problems. 

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Q - Your review section states that "Should the couple no longer be living together as husband and wife, the residency requirement for naturalization will revert to the normal five years." 

Now here's an interesting scenario that exposes a disconnect within the law: The naturalization eligibility code explicitly states the requirement; "If you are currently married to and living with a US citizen AND Have been married to and living with that same US citizen for the past three years AND your spouse has been a U.S. citizen for the past three years." This requirement stipulates the three years directly preceding THE TIME OF FILING. 

Obviously, there is an extended window between the "Filing Date" and the "Exam Date." What then happens if at the exam date, though still married, the couple is not currently living together; albeit having satisfied the 3-yr requirement? 

A - We have always taken the position that you must meet the filing requirements at the time of adjudication as well.  Further, CIS actually requests evidence at the time of the interview in line with that interpretation.  I suppose an argument could be made to the contrary, however. 

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Q - Both of my Company's Tax Return and Financial Statement have shown losses since 2003, but I have been paid over the prevailing wage since filing the labor certification. What evidence should be provided at the time of filing I-140/I485? Thanks.  

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.