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.  

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Q - I am on an H1-B in a permanent job with company A. My I-140 has been approved. My I-485 is pending. The EAD card has arrived for me and my wife.  I just got laid off after 3 months of I-485 being pending. The company is willing to keep me employed without pay on a leave of absence until January 3, 2008, i.e until 6 month's have passed. What can happen if I find another job tomorrow.  

A - There is a USCIS guidance memorandum on the subject that suggests that you can move employers earlier than 180 days after filing the adjustment of status if the whole process takes longer than 180 days and that you and your employer intended for you to remain employed at the time the I-485 was filed. That sounds like the case so if you find a new job in the same or a very similar field, you should hopefully be okay. But be sure check with your immigration lawyer as the rules here are complicated.  

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Q - I am on H1-B and due to health issues i want to go on short term disability for three months which is approved by physicians. Can i go on short term disability while on H1-B or not? 

A - The general rule on H-1Bs taking a leave of absence is that if you are entitled to the benefit as a matter of labor law or if the benefit is offered to US citizens at the company, then you should be okay. As always, double check with your immigration counsel.  

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Q - I have a question concerning residency requirements for applying for citizenship. My wife received her green card back in March 2005 through marriage with me under category 2A.  I acquired citizenship the following year.  Under these circumstances, when will my wife be eligible to apply for naturalization?  

A - Your wife will be eligible to apply for naturalization either two years and nine months from the date you became a naturalized citizen or four years and nine months from the date she became a permanent resident, which ever is sooner. This assumes, of course, that you remain married and residing together and she meets all other qualifications for naturalization.  

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Q - I have query regarding US immigration under the Family Preference Category (F1). If you can answer it, It will be very helpful to my family. My parents filed petition for my brother under F1 category. He is unmarried and my parents are US Citizen. Our case is about to become current. I want to know If he gets engage now, will he take his fiancée with her to USA ? Or is it possible to marry and take her with him. 

A - If your brother marries before getting the green card, he’ll convert to the F-3 category, but keep the priority date. If he marries after, he’ll have to file for a F-2A green card and wait much longer. You’ll need to review with your immigration lawyer the State Department Visa Bulletin to come up with an estimate on what this would do to your waiting time.  

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Q - If an green card holder who received his green card less that two years ago through his US citizen spouse has been divorced by his US citizen spouse, is he still eligible to renew his green card and maintain his permanent resident status?   

A - Normally, this is possible, but how easy this will be depends on whether the person had a conditional green card or an unconditional card. A conditional one would have a two year validity period while an unconditional one would be valid for ten years. If the ten year card, a divorce will really not be an issue. If the card is of the two year variety, you’ll have to apply for a waiver of the requirement to jointly petition with the spouse for the removal of conditions. This requires a showing that the marriage was bona fide when entered in to and the divorce is also for reasons not related to immigration. I would always recommend a lawyer for that process.