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 - Both my parents are US citizen. My father is 80 years and mother is 70
years old.  I am married child over 21.Can both of my parents submit
petition for me? If so, can we submit them together? Do we need to pay
fee twice?

A - Absolutely and it is something I encourage. Each parent should file an
I-130 for you just in case something happens to either one of them. You would pay the fee twice.

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Q - Could you please tell me if a priority date for a labor certification approved in the 1970s which resulted in the issuance of a green card can be currently used to grandfather an alien, who lost his permanent residence status and is currently illegally in the U.S., for 245 (i) purposes?

A - Once the labor certification is actually used to get the green card, the priority date is lost.  Also, I believe CIS has specifically stated that in these situations, the beneficiary would not be grandfathered.

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Q - I am a green card holder from NYC. I came to my country
Bangladesh about 4 months ago. Is it true that i must return back to the
United States within 6 months? I did not receive any permission to stay
longer. if this is true what will happen if i stay longer then 6 months

A - There is no actual time limit, but extended absences from the US can
lead to a green card being taken away due to abandonment. The article on
our web site at http://www.visalaw.com/01jan4/12jan401.html may be
helpful.

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Q - I am presently working in an H-1-B status and my 6 years will be up in early 2006.  My husband is presently an H-4, but has a chance to obtain J-1 status to complete his Doctorate Degree.  My question is;  If I change from an H-1 to a J-2 after my H-1 expires, will a year as a J-2 count as if I was outside the country?  Could I then apply for an H-1-B after spending a year as a J-2?

A - No. You must be physically outside the US to get credit toward getting an additional six years of H-1B time.