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 received my H-1B approval today and it will be active starting 1st Oct 2008. But I am pregnant and my due date is in December so I cannot work may be until March 2009. Can you please let me know if my visa is invalidated if I don’t work until March? Please let me know a solution for this.
A - You have until the expiration date of the visa stamp to enter so that probably gives you some flexibility on the date of entry (assuming the job is still open).
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Q - My husband and I married in 2003 when his son was 14 years old. I am a US citizen and my husband is now a Legal Permanent Resident and can be a citizen in 2.5 years. I am very confused by conflicting information on "unmarried sons and daughters" category of US citizens and LPRS. The son will turn 21 at the end of 2008. He is now 20 years old and we want him to come and live with us. Who should file the I-130- .me (the US citizen stepmom) or my husband (the Legal Permanent Resident)?
A - You can be the petitioner since the step-parent relationship was created before the age of 18. That means your stepson is considered the same as a biological child for immigration purposes. As a back up, your husband can also file a petition. Your immigration lawyer can provide additional details on the process.
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Q - I've heard that if a person has been a legal permanent resident of the US for 50 years, they automatically become a citizen. Is there any truth to this?
A - Sorry. That’s not the case.
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Q- What if your priority date becomes current in the State Department Visa Bulletin for EB-3 and you file the I-485. Then three months later in the Visa Bulletin the EB-3 date regresses or becomes unavailable. Have I been included in the previous count, or will the USCIS take no action on the I-485 until my priority date becomes current again?
A - Your case will be allowed to continue so you can get work authorization and travel documentation, but the case will not be approved until the priority date becomes current again.
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Q - I am currently on H-1B and am wondering if I am allowed to sell Mary Kay or Avon cosmetics which are home based business apart from my actual job.
A - Unfortunately, that would violate immigration law unless you have a specific work authorization permitting it (such as a separate work visa or an employment card tied to a pending green card application).
