Ask Visalaw.com

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 likely to know what are fees for visa stamping. I am H1B holder. I am sending documents for visa revalidation

A - You can find information on visa revalidation at http://travel.state.gov/revals.html.

The base fee for these applications is $100. You need to look up your country in the visa reciprocity tables to determine if you also must pay a reciprocal fee on top of the regular fee.

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Q - My wife has a pending I-485 adjustment of status and her EAD card expired last month. We applied for a renewal in early February, but have yet to receive the new card. Now her employer will not let her continue to work because her EAD has expired. We showed them a copy of the renewal application, but they won't listen. Is this legal? Can't my wife continue to work for up to 240 days on her existing card until she receives her renewed EAD card?

A - Unfortunately, your employer has acted properly. He cannot employ you merely because you have applied for an EAD extension. You need to have the new card. By law, the INS must adjudicate the EAD within 90 days or they are required to issue an interim card, however. So you should check with the INS on this. As for the 240 day rule, that applies for extensions of non-immigrant work visas.

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Q - After six years as an H1-B holder and one year as a TN visa holder, is it possible to reapply for an H1-B visa again? How long it will take to go back to H1-B?

A - You can only get additional H-1B time if you have been outside the US for a year or are eligible for one year H-1B extensions as a result of having a qualifying permanent residency or labor certification petition pending.

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Q - Are Canadian Citizens supposed to have visitor visas and can they attend school part time?

A - Canadian citizens do not need visitor or student visas but they still need to be admitted in visitor or student status after being inspected at a port of entry. Students need to be admitted to a school, get an I-20 form, have evidence of their intentions to comply with the rules for student status and apply for visitor status at a port of entry. Visitors also simply need to show up at a port of entry to be admitted to the US. For most Canadians, a passport or other form of official identification may be all that is needed.

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Q - I came to the US from India with my wife in Aug 1998 on F1 & F2 visas which expired on May 2000. I had applied for Optional Practical Training before my visa expired. I received OPT approval in June 2000. I started working on OPT from June 2000 and applied for H1. I received H1 approval a few months later, before my OPT ran out. I still have not  gone to India to stamp the H1 visa. My first question is:  Have I been out of status?

I changed jobs in the beginning of 2002. I applied for transfer of H1 and I came to know that the previous company's lawyer had not filed for an H4 visa for my wife. My new company's lawyer applied for it and we received the approval for both of us. Will there be any problem if she goes to India for stamping her visa (Mine is still not stamped)?

A - As long as you have had valid I-94s and have been complying with the terms of your H-1B approval, the fact that you have had a visa that is in a different category than your current status does not matter. As for your wife, her status should now be clean since the BCIS has issued a new I-94 for her. Since her F-2 status was presumably duration of status, she is not subject to a reentry bar. A consulate is likely to be fairly forgiving for what is actually a fairly common immigration problem. That assumes they even pick up on the fact that there was a status violation on your wife's part.

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Q - My sister's had EAD from V2 visa. She is going to be 21 on May 8th. Her EAD expires on May 8th. Her priority date is current and we filed I-485 with i-765 today. Can she work after May 8th even her EAD will be expired?

A - Unfortunately, the EAD does not automatically extended merely because you re-filed a new I-765 application. Your sister will not be able to legally work until she gets a new EAD or other work visa.