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 have a friend who is starting in an H-1b work on October 1st. He said his wife would like to come with him and she would like to study at the university. Is it possible to be study full time in a college with an H-4 visa?

A:  Yes, H-4s are permitted to study at universities.

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Q:  I am currently have an H-1B visa and I am planning to transfer it to a non-profit organization. I just want to know if i still need to get a Annual Income and Gross Income of the Corporation even if it’s a non profit organization.

A:  A non-profit still generally has to meet the same eligibility requirements as a for-profit employer when it comes to the basic financial requirements. So the answer is yes, you need to document the employer's ability to pay the salary being offered.

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Q:  I am already in the US on an H1B visa. The union I am in might be going on strike this summer. Am I allowed to go on strike too? I was not hired during a strike, and I have been here three years already. Is this going to affect my work status?

A:  I've never seen anything from the USCIS or Labor Department on this. My sense is that you will be allowed to strike with your union and this would be considered acceptable leave. But this would be an interesting question to raise with the USCIS General Counsel's office. Keep in mind that if the strike is successful, this is potentially going to raise the actual wage at the company and that could affect you if your company does not give you a similar increase.

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Q:  As an H1-B visa holder and resident/citizen of Poland, should I be paying Social Security and Medicare taxes since I may never see that money again. Are there any treaties between my country and USA? Where is it written that we have to pay it?

A:  [From our friend tax lawyer Steven Weiser (sweiser@lw-law.com)]: Generally, social security and Medicare taxes and are not refundable. However, the U.S. has several tax treaties with other countries (known as “totalization agreements”) that may provide some aliens with an exemption from these taxes. Unfortunately, Poland does not have a totalization agreement with the U.S. The Internal Revenue Code provides some limited exemptions from these taxes. For example, F, J, M and Q visa holders may be exempt from these taxes if the “employment” giving rise to wages is performed in connection with the purpose for which the alien was admitted to the U.S. Unfortunately, H visa holders are not afforded similar exemptions.

You can find more information on this topic by visiting our website, specifically, http://www.lw-law.com/newsletters/2003-07-15.pdf.

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Q:  I need to renew my permanent residency card but I am traveling soon I don’t think I can’t wait the mandatory time for a new card. Is it possible to still travel with out any problems?

A:  You can get a temporary stamp in your passport when you file the I-90 that will allow you to travel for a year. The stamp is the legal equivalent of the green card.