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 am a physician on H-1B1 visa( no visa stamp on the passport yet). If I or my dependents decided to visit my home country, should my petitioner need to file I-824(Application for action on an approved application or petition) on my behalf before leaving USA.

A - No that would not be necessary. You would just need to take your approval information and documentation that you are continuing to be employed on the terms of the H-1B approval including recent paystubs and a letter from your employer.

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Q - My mother has immigrated to US. and my immigration has also been filed. But it will probably take another 6 years to come thru. In these circumstances, I wanted to know that if I apply for an Australian or Canadian immigration and get it processed in next one year or so , will that affect my US immigration application in any way? Will i be denied the US immigration?

A - Your pursuit of Canadian or Australian immigration will have no affect on your green card processing in the United States. Note, however, that once you acquire permanent residency in the US, you will need to plan on spending most of your time in the US. And that may negatively impact your immigration status in the other country or countries.

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Q - Hi! I am currently a H1 B holder whose green card application is in  process. My question is once I get my EAD am I restricted to working with my current employer or do I have the option to change jobs before I get my Green Card?

A - The law allows someone who has had an adjustment application pending for more than 180 days to switch employers if the new job is in the same or a very similar occupation. That sounds straightforward, but there are no BCIS guidelines here so you will want to be VERY cautious lest you get a BCIS examiner who takes a very narrow view of the law.

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Q - I am a medical resident on H1B visa. My wife is a physician also and was accepted this year for a position at my institution but on a J1 visa. Soon I will start a job and I will be sponsored for a green card. What will happen for my wife after her residency? will she still have to leave or is there any way to waive this requirement? and can I include her in my application for green card?. P.S.: I have a son who is a citizen of the United states.' Thank you.

A - Your wife will have to get a waiver, unfortunately. As for the basis for a waiver, that really depends. But if it is based on working in an underserved area, should could very well have to work three years on the H-1B visa before she could get a green card through you.