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 would like to know what options are availa b le to me to stay in the U.S. and continue working. I have b een a student on an F-1 for four years and have graduated from college. I am now working, using OPT, and this expires in August 03. Can I renew my OPT? Can I apply for a different visa? Or do I have any other options availa b le to me?

A - You only get 12 months of practical training when you complete your F-1 studies. Most F-1 students who seek to remain in the US after they are fi nish ed with their degree and their practical training, convert to an H-1B visa. That's b ecause they meet two of the key requirements - they have a degree and they have an employer for whom they are working in a professional capacity. Most other visa categories will not fit the situation. For more info rm ation on H-1B visas, you might visit our we b site at http://www.visalaw.com/00jan3/10jan300.html and at http://www.visalaw.com/02dec1/2dec102.html.

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Q - I have a question a b out my EAD card. My wife applied for my EAD card/Change of Status(I485)for me on Decem b er 16th 2002.on 19th Decem b er 2002 we received a receipt money notice from INS. After that we never receipt anything else from INS. What should we d o n ot?

A - If you have a receipt, that is a good sign. The next item is typically b eing called in for fingerprinting and then for the employment card. The employment card should t ak e no more than 90 days. If 90 days pass and you have heard nothing on either, you should contact the INS to enquire a b out your case.

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Q – I am currently nannying in Australia for an American family. They are moving back to the states next month and we need to know how they can legally bring me over. Do I just get a working visa, do they need to go through an agency to re-hire me (something we heard). Or is there another way to go about it?

A – You are b asically only going to get a visa to work as an au pair and this would b e for a maximum of one year. This would b e under the J-1 visa category. You can find more info rm ation on J-1 visas on the State Department's we b site at http://exchanges.state.gov/education/jexchanges/private/aupair.htm.

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Q – I am on F-1 currently, however I had J-1, sponsored and required 2-years of physical home residence b efore I can apply for the immigration/employment in the USA . What kind of documents to I have to present to the Consular after a full completion of my requirement to satisfy it and b e a b le to apply for H-1 or immigration (my hus b and is American)?

A – There are no fi rm rules on what you need to present. However, the b urden is on you to convince a consular officer that you have complied with the rules. You can present a variety of documents. First, you can show a passport with stamps showing entries and exits from your home country. You can show pay stubs, b ank records, receipts, b ills in your name and anything else you like that documents your presence in your home country.

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Q – My girlfriend is a physician who got a J1 waiver and currently has an H1B. I am a US citizen. We are going to get married in a few months - will she be able to get a work permit after the wedding or will she need to keep her H1B until the end of the waiver?

A – Your girlfriend will need to plan on remaining in H-1B status and fulfilling her three year commitment (assuming that she got the waiver on the b asis of promising to work three years in a medically underserved community). Marrying a US citizen does not get you around this requirement. It is sometimes possi b le to get a hardship waiver if you have a US citizen spouse, b ut the standards for such a request are very high and you will likely find that it is not worth the effort.

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Q – Lets say you get a B2 visa approved and it is valid for only 3 months. Once you enter the US the INS officer provides you with a I-94 card. But the date of departure on the I-94 is 6 months from date of entry. (so the visa expires before that date) Would you work on the I-94 date or you visa expiration date? I would presume that you go according to the visa, b\c if this is expired you are out of status?

A - The visa controls when you are allowed to present yourself for entry to the US . The I-94 controls how much time you can remain in the US after you enter. So you can stay six months if the I-94 lists that is the expiration date. You can be in the US with an expired visa as long as the I-94 is still valid.

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Q – My question is that, I am a US citizen. I would like to sponsor my brother to live here. How long the immigration process can take? Is the time period is different for few countries or the same for all countries?

A - Unfortunately, the time it takes to bring in a sibling is VERY long. It takes about 12 years right now. If you are from the Philippines , the wait is more than twenty years. Otherwise, the wait is the same for all countries.