Q - My parents are US citizens living in Florida . They applied for my immigration in 2002 as unmarried child. At the time of filling my petition, they made a serious and unintentional mistake. They applied for me as unmarried child, while I was married and became father of a son in January 2002. 

I have just received a notice from the National Visa Center that my case is proceeding. Can this case be saved? 

A - If your parents were US citizens at the time the original petition was filed, it should not be void because US citizens can file for married children. However, the category in which your petition falls will be the Family 3rd preference rather than the Family 1st.  If the State Department is currently sending you forms to start the process, it is because they anticipate your priority date in the 1st preference is going to be current soon.  You should notify the NVC that you are married and that you will be immigrating with your family at such time as a visa becomes available. 

Here is a link to the Visa Bulletin. http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html. It is published monthly and controls when visa numbers are given out. The date your petition was filed (Jan. '02) is your priority date and you will use the Visa Bulletin to figure out when you can move to the next state of processing. As you can see, in the 1st preference they are working on July '01 cases but in the 3rd preference they are only working on July '99 so it will be a while before you and your family can actually process your "green cards" and immigrate. 

If by chance your parents were not US citizens at the time the petition was filed, then the petition is void because there is no category for married children of permanent residents. In this case, they will have to file a new petition. 

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Q - I am on an H-1B and am gearing to lodge a green card application via my employer’s attorneys. How do I know that they would not unnecessarily delay the process by not providing required documents to the lawyer on time? Are there any safeguards I can have such as having another lawyer to represent me etc? 

A - It is not typical for an employee to have separate counsel, but it is an option (and I actually think this makes a lot of sense). This might be a way for you to stay more involved in the process and avoid the kinds of problems you describe. But note that the employer ultimately controls the petition since they sign off on it and it’s the employer’s call whether they would accept such an arrangement. They are certainly not required to do so. 

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Q - Can one work full-time for two different employers on two H-1B visas? Is there any limitation on the number of hours that one can work each week? If one is working full time for company A and gets a job offer from company B, can one start working full time for company B and continue working for company A, but part time?  

A - There are no limits on the number of employers or the number of hours as long as each employer complies with the H-1B rules. It is possible to work full time for one H-1B employer and part time for another employer that files a concurrent H-1B petition. If the hours with one employer change, the petition for that employer may need to be amended. Your immigration lawyer can advise on the necessity of this.  

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Q - I am an undergraduate student who recently got married. My husband is a citizen and although he has not yet filed, he is in the process of doing so over the next few months. I will be graduating from college next year. Can I apply for graduate school even though I am not yet a permanent resident? Will they consider my application despite my status? 

A - Getting admitted should not be an issue at most schools, but qualifying for in state tuition rates may very well depend on your immigration status. You would need to check with the institution on that.  

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Q - I am currently residing in US with an H-1B visa. I intend to visit Puerto Rico for 3 to 4 days and re-enter the US . Do I need to carry my passport or is it like traveling within the US and just need to carry a form of identification (e.g. a driver's license)? 

A - It’s a bit of a hybrid. You don’t need an unexpired visa to enter, but you’ll want to be able to demonstrate you’re in valid status in the US . You should bring your passport, I-94, recent pay stubs and perhaps a letter from the employer verifying continued maintenance of your immigration status.