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 had a medical training in the US on J-1 visa for two years. I will be completing J-1 two year home stay requirement next year in may. But, I had to travel to USA during my home stay requirement for total of two months on B1 tourist visa. Will those two months of US travel be added to my home stay requirement? Meaning that my home stay requirement will be extended for another two month and will end not in may but in July?  

A - The two months in the US will be added to your two year home stay requirement so you’ll be required to wait until July to be deemed to have satisfied the requirement.  

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Q - My wife's currently in the U.S on H1-B status. I'm a green card holder and haven't applied for her a green card.  She wants to visit home and apply for an H1-B visa there.  How likely will she be rejected to obtain a visa because her husband is a green card holder?  

A - H-1B visa holders benefit from a provision in the law that allows them to maintain what is called "dual intent". This means that one is deemed to have the intention to comply with the terms of their H-1B even if they are simultaneously pursuing permanent residency. So as long as your wife is complying with the terms of her visa status, she should be fine.  

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Q - I was on a H-1B visa but has recently resigned from my job in New Jersey to join my husband who is working in Maryland .  I plan to file for a change of status from H-1B to H-4. In the meantime, I am looking for a job in the Maryland area. I wonder if it’s true that I will not be subjected to the H1-B cap if at some point in time later I've landed a job and would have to change my status back to H-1B?  

A - You should be okay as long as you have previously been counted in the H-1B quota. The rule, I believe, is that as long as you don't leave the US for long enough to be eligible for an additional six years of H-1B time you would not become subject to the H-1B quota again.  

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Q - I am wondering if I have a religious green card, am I allowed to work at other jobs that are non-religious? If so, am I only allow to work only a certain amount of hours and/or is there a limit to the amount of income I can make?   

A - There are no firm rules on this except that if you quickly leave your religious employment after securing your green card, you could be found to have had fraudulent intentions when you were processing permanent residency. If you continue working full-time in the job that was the basis for your green card petition, then you should be fine. If you quit the job for non-religious employment, the consequences are less clear. Most immigration lawyers would agree that remaining in the job for a year is a safe period of time to wait. Some would say shorter is permissible, but, again, there are no firm rules here.  Note also that the portability rules that allow some employment-based green card applicants to switch employers in the middle of green card processing do not cover religious worker green card petitions. But even if they did, that provision requires one to work in the same or a similar occupation.  

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Q - I am currently holding a H-1B visa. I was wondering I can do volunteer work for my community such as the Red Cross, Big Brother and Big Sister? This work is purely volunteer-oriented and I am not paid.  

A - You should be fine to do volunteer work of that nature. The USCIS position is that the work should be of the nature normally done by volunteers as opposed to paid US workers. Work for charities of the nature you describe has always been fine.