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 wanted to know if for the October 2004 quota of H-1B Visas, we would need to go back to the country of origin to have the visa issued? I am currently residing in Texas and am on Optional Practical Training which will expire January 2005. I filed for H-1B on April 10, 2004 for the October Quota.

A - If you asked for a change of status and your OPT does not expire until January, you should be okay to change to H-1B status from within the US in October.  Since the visa numbers for the Fiscal Year 2005 is also anticipated to be used up very early, it is recommended that you apply for your change of status as early as possible.

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Q - My name is Danuta Zablocki, I am a Polish citizen residing permanently in USA. I have a green card. In three weeks I am going to visit Poland. I already bought a ticket to Warsaw. I recently heard from my friend that I have to apply for USA visa to be able to return to USA from my vacation. Is that really truth?. If so, where I have to apply for this visa and how long does it take to get it. I have a Polish Passport and a Green Card.

A - You do not need a visa if you are a green card holder. Occasionally, if you are traveling for long periods of time, you might want to get a reentry permit. But for a short trip like this, that will not be necessary

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Q - My green card is in process and my labor certification application has gone from state (SWA) to regional (USDOL), but my management is changing, so the person who initially signed for my LCA application will no longer be with the company. Will this affect me when I file for I-140 and I-485?

A - The departure of the employee of the company who signed your initial paperwork would not be a problem assuming that the company is still the same company and there are no major corporate changes. That does not sound to be case here.

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Q - I am a student in USA. I first came on F-1 visa last year and then went back for summer vacation. When I returned from the summer vacation at airport immigration the officer asked me to write down the old I-94 number on a new card and I did so but he did not cross out the printed number. Now there are two numbers on my I-94 and I am not sure that which number is being used in INS on my file. Can you please let me know that what number should I use or any way I can find out that what is the number that INS is using for me?

A - It is the number that you handwrote.  The same number should have been handwritten on your visa page and your I-20 when you initially entered.  It may change in the future, but for the time being that is your permanent I-94 number as long as you stay a F-1. 

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Q - I just got my green card, so can I sponsor my sister (who is here in the US on student visa) for a green card now or do I have to wait until  I get my citizenship?

A - You would not be able to sponsor your sister until you become a citizen. You can only sponsor your spouse and children right now. Citizens can sponsor those relatives plus parents and siblings.