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Ask Visalaw.com

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 have misplaced my green card and I would like to know how to go about replacing it.

 

A - You would file an I-90 form with USCIS. You can find the form and filing instructions at www.uscis.gov.

 

 

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Q - I've heard that you can married a permanent resident and apply for a work authorization Is that true?

 

A - No, it is not true. The permanent resident can typically apply for a green card, but then you need to get in a queue that lasts several years (or until the permanent resident becomes a citizen) before you can proceed to the next step of applying for adjustment of status and securing a work card.

 

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Q - What is the number still left for Masters Exemption H-1b Visa?

 

A - The latest cap count for H-1Bs is published online at http://uscis.gov/graphics/services/tempbenefits/cap.htm.

 

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Q - I have an H1B stamped with current employer (expires 7/7/06). I will be changing my employer soon and getting a new H1 approval, In December I am visiting India. To reenter US do I have to get my visa stamped again or can I enter using previous employer’s H1B and current employer’s H1 approval letter?

 

A - If you have a new H-1B approval and have an unexpired H-1B visa, you should be able to enter with the same visa and your new employer's approval notice (plus proof you are working for the employer such as a letter from your employer or recent pay stubs).

 

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Q - I just received my green card (approval of I485 due to job). I read some pointers from the web site. But I have some questions here:

 

(1) Can I leave for my home country to attend my grandma's funeral (hope that I could make it?) with my green card? Is there anything I need to bring with me?

 

(2) With my green card status right now, do I still need to continue to apply for EAD?

 

(3) Do I need any special stamp on my passport?

 

(4) Do I still need to inform the immigration about change of address if I do decide to sell my home in one state and officially settle here in another?

 

 

A - You only need your passport and your green card to travel now (aside from a visa to the country to which you are traveling if you happen to need a visa to go the country).

 

You no longer need the EAD. That was a temporary work approval while you waited on your green card. Now that you have the green card that IS your work document.

 

As for a stamp, if you have the actual green card, you don't need a stamp. If you're waiting on the card still and need to travel, go to your local USCIS office and you can request an I-551 stamp in your passport which gives you temporary proof of permanent residency.

 

As for change of address, yes, you need to continue letting USCIS know of your address. This obligation will continue until you eventually become a US citizen.

 

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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