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 am in the process of filing a renewal for my EAD and advance parole - I am told this takes 90 days to do but things are slow now. Is there a way to pay additional fee and get an expedited processing done?

A -  You cannot get an employment authorization document (EAD) expedited, but you can get a local INS office to issue you an interim work authorization document if a service center takes more than 90 days. Most local INS offices have their own procedures for issuing interim employment documents, so be sure to check on this.

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Q - I have an h-4 visa, because my father has an h-1 visa, but unfortunately i am going to be 21 on sept '03, so does this mean I have to make my own visa? I was thinking of changing to f-1 visa since I am currently attending a university, what do you think? Is there any other way other than changing to f-1?

A - Yes, once you turn 21 you are no longer eligible to be an H-4 visa holder. Many H-4 people in situations like you choose to change to F-1 status. Unless you have a university degree, you are probably going to have few options for other visas.

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Q - Can a person who TPS status file for a advance parole?

A - It is sometimes possible to travel, but you will need permission from the local INS office and you need to make sure you are not subject to a reentry bar. Below is the INS' policy on traveling for TPS recipients:

An individual granted TPS must remain continuously physically present in the United States . The grant of TPS status does not mean that you have permission to travel abroad, though permission to travel may be granted by the district director according to the Service's advance parole provisions. There is no appeal to a denial of advance parole. Failure to obtain advance parole prior to traveling abroad may result in the withdrawal of your TPS and/or the institution or re-calendaring of removal proceedings.

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Q - I have a quick question. The company I work for is going to relocate. I have H1-B through this company. I am just wondering if I decide not to move with this company, should I change my status to B-1 or H-4 (My husband is on H1-B as well) in order to keep my H-1B portability? I want to have the opportunity to look for a new employer and be able to start work right after the new employer file for H1-B. Thanks for your advice!

A - I would switch to H-4 status since this is much easier to get approved than B-1 status. To remain portable, you will need to apply for a new H-1B approval within 30 days of leaving the first H-1B employer.

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Q- I came to know that IELTS scores are valid visa screen certification program. Is it true that both general and academic IELTS scores are valid for the visa screen certification program and the score required is 6 overall with 7 spoken band?

A - Here are the scores you need for nurses:

Option #1: TOEFL: 540 (or 207 computerized) TWE: 4.0 TSE: 50
Option #2: TOEIC: 725 TWE: 4.0 TSE: 50
Option #3: IELTS (Academic Module ONLY): 6.5 IELTS Spoken Band: 7.0
Option #4: MELAB (Overall): 79 MELAB (Oral Component): 3+

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Q - I have a pending 1-485 case under employment. I have an EAD and currently working to my employer who sponsored me. I just have a new address. Do I need to notify the INS for this and if ever what form I am going to file?

A - Yes, you always need to notify the INS when you move even after you get the green card. You should go to www.immigration.gov and download the AR-11 form and send it in to the BCIS.

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Q - A friend has given birth during her stay in Iran . She is a US citizen by birth. Her husband is a naturalized US citizen. He has been a citizen for 20+ years. Her husband is in the US and was unable to go with her to Iran . A family emergency led her to make this trip. She has not been able to get through to an embassy to find out the steps she needs to take to insure her child's US citizenship and to fly back to the US with her child. Please advise me of the steps she needs to take to take her child back home with her. 

A - Because she is a US Citizen, her child will qualify for US citizenship.  She will need to certify the birth by a Consular report. After that, she can apply for a US passport at the Consulate. There are several American Consulates in the region. All consulates provide services to American Citizens. However, because she will provide Iranian documentation (birth certificate, etc.) it may be a good idea to apply at a Consulate that deals with Iranians frequently. Most of the traffic in that region goes to the consulate in Ankara . Below is a link to their citizenship through birth information:

http://ankara.usembassy.gov/Consular/ACSBRTH.HTM

There is a check list of documents there that she use to establish citizenship.

[Thanks to Arda Beskardes of the University of Memphis for assistance with this question]

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Q - If someone with only a working visa (L1?) has a child in the U.S. , the child is by-birth a U.S. citizen. What is the status of the parents?  Can they be denied the right to stay in the U.S. ?

A - The status of the child is US citizen. The status of the parents remains unchanged. They are not permitted to remain in the US just because the child is a citizen. A citizen child can only sponsor the parent when the child is 21.

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Q - Is it lawful if I have an H-1B visa for me to work at another professional jobs at the same time?

A - You can have two H-1B approvals to simultaneously work for more than one employer. The H-1B visa is one of the only work visa categories that allows for this.