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 am on H-1B visa in US. I have a baby girl born in the US with heart disease. So, it is necessary for her to stay here to get a high level of medical treatment. My employer has filed a labor certificate.

However, if I need to leave the US, is there any law providing some provision for us to return for my daughter to get medical treatment?

A - Before your H-1B status ends, you’ll need to apply to switch to B-2 visitor status or, if you have already left the US, you’ll need to apply for a visitor visa at a consulate (or enter on the Visa Waiver Program if you are from a Visa Waiver country). Coming to the US for medical treatment or accompanying a minor child needing treatment is a legitimate use of a B-2 visa and it is not unusual for people to come to the US in this category. Children needing treatment and their parents are usually given a lot of flexibility here as long as you present solid medical documentation (primarily a letter from her primary physicians explaining what is happening and why it makes sense to get treatment in the US rather than at home).  You should also present financial documentation to show that you can afford medical treatment. I wish your daughter the best of luck.

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Q - I have a question about I-485 adjustment of status applications. If I am changing an employer after 180 days of filing I-485 do I need to find  a  SIMILAR POSITION only or can I go for Higher Position? For example if I am working for Company A as "Programmer Analyst" and if I change Employer Company B can I join as "Senior Programmer Analyst" or else "Systems Analyst"? Do I have to go for "Programmer Analyst" only? Also can I join company B for higher pay?

A - You are speaking about the law which allows someone who is applying for adjustment of status based on an employment green card category to change employers if the adjustment application has been pending 180 days and the worker is switching a job that is the same or very similar to the job approved in the I-140. There is no definition of "similar" so it is impossible to answer your question with certainty. However, my sense is that changing from "programmer analyst" to "senior programmer analyst" would likely be okay if you can document that each job requires the same basic set of skills and knowledge and the job duties are often overlapping. Higher pay should not be a major problem unless the pay is so disparate that it would indicate the jobs are in completely different fields. That's about the best I'm going to be able to do absent US Citizenship and Immigration Services issuing guidance on this point.

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Q - I am a U.S Permanent resident and have a green card and had applied for citizenship. My fingerprints have been taken and I am scheduled for interview in the second week of October. I reside in New York city and am a married student. My husband is an U.S citizen. I have been in U.S for about 4 and half years. My parents reside in India and I wish to apply for them, so as to immigrate them to U.S. When could i apply for them at the earliest?

A - You can only apply for your parents once you have been sworn in as a US citizen. Immediately after you are sworn in, you should probably be able to go forward and submit the paperwork.

As for when you will take the oath, unfortunately, you can sometimes spend quite a bit of time waiting for the oath after the interview - sometimes months depending on your local area's backlog. You should be able to find out at the interview. I doubt you'll learn much more before that.

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Q - I was looking for some information on the working hours limitation during F-1 Optional Practical . I wanted to know, if there is any limit on the number of working hours during OPT? Is it limited to 40 hours per week?

A - There is no limit on the hours you can work per week while in your post-graduation practical training period.

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Q - I was denied for immigrant visa in F4 family-based immigrant category because I turned 21 too early. Now I want to know if one of my parents will apply for me in family based immigration category than can I get any advantage in the newly filed immigration category because I have been denied already.

A - If your parents have a green card now, they can sponsor you. But you will get a new place in line based on the date they file for you. The previous denial will not be a problem, but you will also not get any advantage either.