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 - My friend is an H1B worker in USA.  Her employer is currently sponsoring her for permanent residency.  Her job may require her to travel out of the country in the near future.  Also, she recently married to a US permanent resident.  Will the fact that my friend has immigration intention (through both work and marriage) jeopardize her chances of getting a return visa to US?

A - Normally traveling is not a problem for someone maintaining her H-1B status. A green card application should not be a problem even after adjustment of status is filed. At that point, an applicant has a choice of using a valid, unexpired visa to come and go from the US or a special travel permit called "advance parole" one can request when a green card petition progresses to the point of applying for adjustment of status.

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Q - I got F-1 Visa in 1999. I have studied until 2000 and then came back home, and never visited in the U.S since then. Now, within few days I should get my new I-20 for I'm going to finish my degree study.

My F-1 Visa is valid until 17MAY2004. My question is:

Can I still enter to the U.S with my current F-1 Visa and new I-20, and then when I'll be back to visit my family I'll renew it, or should I do make a renewal before I'll go to the U.S again?

What is the best thing for me to do? I do not want to get into a situation when I'll come to the airport and they will send me back to my home country to make the renewal...

A - If your new program is beginning before the expiration of your existing F-1 visa or within 30 days of the expiration of your visa, then you can use it to enter the United States.  So, if you will be starting school in the Spring 04 semester, then you can enter with that visa.  Or, if your first semester is beginning within 30 days of 17 May 2004, you can use that visa (reason being, under the new F-1 regulations you can enter the US ONLY 30 days before your school starts.  So, if your school is starting on July 1st, you will not be able to enter the US with your existing visa, let's say on May 1st, because it is more than 30 days before your school starts).  You have to be careful about this, because when you were a student in 2000, you were able to enter the US up to 3 months before your school started.

If you wish, instead of using your old visa, you can apply for your visa now. Or, you can apply for a visa at a later date, when you're visiting your family.

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Q - I am on a J-1 visa, I don’t really like my job but I do like the USA.  I would like to work on a H-1b with another company. Had an interview with one company who said they would give me the job...but they could not help me get the visa?

Any suggestions?

A - There are a couple of things that I often suggest clients look at doing:

1. Don't bring up your visa status right away if the employer does not ask. An employer will immediately dismiss you in their minds if it looks like it will be a hassle to bring you on board. If they can get to know you a little bit and are impressed, they may be more willing to undertake a visa application.

2. Do offer to pay all the legal fees and the premium processing fee. For now, there is no worker retraining fee, but if it comes back, the employer must pay that amount.

3.  Establish a relationship with an immigration lawyer and offer to have your lawyer explain the process to a prospective employer.

4. Consider signing an employment agreement with an employer guaranteeing that you will stay with the employer for an extended period of time. This might make the employer more comfortable with undertaking the immigration petition process.

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Q - I am a student with F1 visa. My husband didn't come to the US yet. What will happen when he will come? Which visa can he get? A f2 visa? Is it possible to change the visa to a student visa (He would like to study too)?

A - Your husband has two options:

1. He can enter the US as an F-2 and at a later date can change his immigration status to F-1.  That, depending on the region of the country that you are in, may take up to 3-4 months.  Before he obtains the F-1 status, he CANNOT start studying or accept on-campus employment like a graduate assistantship.

2. If he is already admitted to a school (or can be admitted quickly), instead of coming here with an F-2 visa and then changing, he can apply for an F-1 visa and enter the US as a student.

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Q - Must the I-140 (second preference) be accompanied by evidence of the ability to pay wage OR the evidence is only submitted upon request? If it must be accompanied, what is the best evidence for such a requirement? What evidence do you usually submit? BTW, is the Form I-129W still required for filing 7th H-1B right now?

A - You need to show ability to pay at the I-140 stage. A company submits a variety of types of documents including tax returns, bank statements, payroll tax records, financial statements etc.

The Form I-129W is still required for now even though the fee is not currently in force.

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Q - If I recall, two years ago, when I intended to apply for the green card lottery visa, it mentioned, that when we take photographs, our face has to be turned towards the left sight a little in order for our right ear to be seen.  1) Do we have to do the same for DV 2005 application as well? 2) We do not pay fees now for the DV 2005 application since it is electronically submitted.

A - You are recalling incorrectly. That is the format for the Department of Homeland Security's immigration photos and not the State Department (which administers the annual lottery).

As for fees, there never was a fee to enter the lottery and that will remain the case. There are services that take care of one's lottery entry and you might be thinking of one of them. Our firm, in fact, provides this service though we always make clear that the rules for entering the lottery are easy enough for most people to do themselves. Our applicants tend to use our services because they want to use our firm's address as their return address or they have very weak English skills and want us to help with the application. But we always make clear that most people can enter themselves in the lottery and don't need this kind of service.

You can find more information on the lottery in this week's ABCs of Immigration column.