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 want to apply for my citizenship ASAP and then apply for a green card for my mother who is an India Citizen but resident of Great Britain, UK. I believe I can apply for citizenship 90 days before the 5 years are up but what is the starting point. Is it the date I completed my interview in the UK under Consular Processing (CP) or is it the date I entered the country after CP or is it the date I got my green card? The reason is that the green card is dated in August 2000 but I returned from the CP interview in March 2000.

A - It would be the date you entered the US after approval of your permanent residency at the consulate. That's the date that should be on your green card.

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Q - What happens if someone has an h1-b visa for three years then quits his job before the three years is up?  Must he return to his home country or can he remain unemployed in the US until the visa is expired?

A - The moment the H-1B holder is no longer employed, he or she goes out of status and must leave the US. The exception to this rule is if another visa application is filed before termination. We typically advise clients to file a visitor visa application if a new job has not been lined up before the old job is terminated. It is really important to avoid going out of status so definitely find an immigration lawyer before this happens. You might find the article on our web site at http://www.visalaw.com/01feb4/12feb401.html helpful.

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Q - Here is my situation. I was laid off after concurrent filing of I 140 and I 485 on "outstanding researcher" (EB-1, I guess) category. This happened within 180 days of filing where AC21 portability will not apply. The company that laid me off is lenient and promises not to withdraw my I-140 petition. I landed on another similar job immediately afterwards on new H1B without using my EAD. What's my best strategy to ensuring getting my green card at this moment?

A - You could look at a couple of things. First, there is debate over whether AC21 means that you need to be working for the sponsoring employer for 180 days or more or whether the I-485 simply needs to be pending for 180 days or more. If the latter - and I tend to believe this is the case - then you would be fine in most cases if you find a job in your field. The alternative is to file a new I-140 application and then use that application to substitute for the first one if there is a question.

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Q - My wife and I are both on H1’s. Our I-140/I-485 have been filed on Oct 9th-03 in TSC through my wife's company. My EAD was approved today and my wife will be getting hers soon. She will be resigning from the job in a week's time, because of some health reasons and we are filing for her H4 soon.

We enquired with the HR and they said they would NOT be withdrawing her I-140.

In this backdrop...here are my queries:

1. Is there any way she can take up another job of similar/same responsibilities with another company AFTER 6 to 8 months (hopefully her I-140 will be approved by then) by invoking AC21 portability?

2. Is it possible for me to use my EAD?

3. Is there any way I can hire an attorney to continue processing the GC?

A - The AC21 portability provisions have never been fully interpreted by USCIS so I can't say with certainty how USCIS will interpret the 180 day provision you seek to use in your case. There is an argument that can be made that as long as the adjustment is not adjudicated within 180 days, it does not matter whether one remained with an employer or not. I usually recommend that clients try and wait 180 days before switching employers in order to be on the safe side. But in those cases where this is not possible, we usually seek to get a new I-140 substituted if we have time. If that is not possible, then you should certainly try to argue that the law should be read literally.

As for using your Employment Authorization Document, I don't see a problem with this as long as the adjustment application is pending.

As for hiring a lawyer, yes, you can hire a lawyer and the lawyer can certainly be of use in arguing that the 180-day provision includes your wife's situation. Good luck.

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Q - I work in Dallas, TX and would like to know what is the prevailing minimum salary for a person working on H1B Visa in the State of Texas? The job being that of an Entry-Level Programmer.

A - You can look this up yourself by going to http://www.flcdatacenter.com/.