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 - Could you please tell me if H1B extensions for an additional 3-year period are subject to the H1B cap too? I was told that the cap is only applicable for new H1B visas issued.  Thank you for your time

A - Extensions are not subject to the cap in most cases. One important exception is if a person enters in a position that is exempt from the cap and then applies to change and extend H-1B status by moving to another employer that is not exempt from the cap. In that case, the worker would be subject to the H-1B cap.

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Q - How much time one has before he has to join a job after arriving on H1-B visa into US. I will appreciate your reply.

A - Within ten days.

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Q - Have H1-B, pending I-140 and I-485. Have to change employment, where do I stand?

A - Once the I-140 is approved, if the I-485 has been pending for more than 180 days and you find a new job in the same or a very similar field, you can sometimes change employers. We usually recommend staying put, but if you have to move, make sure you abide by these rules. And check with your immigration lawyer beforehand.

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Q- My roommate was recently granted an H-1B visa, came to the US, and went to the local Social Security office to apply for a number so she could begin her employment. She was told that it could be up to 4 weeks before Immigration had entered her number in the system, and that they could not process her application until then! She is concerned because she must work to honor her visa and remain in status, but cannot work without a Social Security number. She has been told that most employers of H-1Bs allow the employee to work before the SS# has been issued. Is this advisable?

A - Actually, it is possible to work legally without the SS# if the employer wants to employ the worker. The work visa is what is needed to legally work, not the SS#. But employers have to withhold taxes and them make the contribution once the number is available. That's a little bit of a pain in the neck, but probably worthwhile if the employer really needs the worker to start right away. And this is becoming more common as the Social Security Administration's performance gets worse and worse.

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Q - My wife and I have had work authorization card based on political asylum for more than fifteen years.  Could we apply for Permanent Residence?

A - Yes, you should be able to pursue permanent residency since you have been in refugee status in the US for more than one year.

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Q - This question is regarding the Green Card processing. Are there fees that have to be sent to the State or Federal government with labor application ETA-750?

A - There is no fee for the labor certification part of the case. We understand that the Labor Department is considering changing this policy, but for now it is a free process. The later I-140 and I-485 parts of the case, of course, have significant filing fees.