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 want to first thank you for the great website you have. My citizenship interview is scheduled in the next few weeks. Could you please let me know if I get naturalization certificate on the same day?

If I do, can I apply for passport any day after that? When am I officially considered as a US citizen? Is there any paperwork that needs to be done after the citizenship interview?

A - You should get your certificate the same day you are sworn in. And you can immediately apply for a passport. You're a citizen from the moment you take the oath.

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Q - One month back I went for visa stamping and got it stamped. Now I have visa in my passport till November 2007 from company A. Unfortunately, I got a permanent offer from company B. My H1 got approved from new company B a few days back and is valid until November 2007 and I will start working for company B from November 7^th. I want to go to India to get married in December. My Question is do I need go for visa stamping for new visa to come back to US on my passport from company B.

A - No. You can use the same H-1B visa stamp as long as you present documentation showing your valid change of status to the new company and your continued employment there. This is quite common.

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Q - My husband is on an H-1B visa for the last 8 years in Dallas, TX.  His labor certification is pending from his current employer. However, he found out that his labor certification that was filed from previous employer just got approved.  I'm wondering what his options are if he wants his ex-employer to continue to pursue his green card.  Can the ex-employer file the I-485 and I-140 green card papers simultaneously?  If not, when can he file I-485 and how long is it taking for such cases in TX?  His labor certification was filed early 2003 with his current employer. 

A - If the job remains available and your husband intends to take up employment after getting the green card with the prior employer, then it would be appropriate for them to file the I-140 and I-485 (assuming a visa number is available).

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Q - I have a question regarding an extension of I20 for F-1 status students. Dilemma here is my I-20 expired on August 25 2005. But this

went unnoticed by me and by the DSO at my current school. Current  immigration law states that any extension of I-20 needs to be done 30 days prior the expiration date on I-20. I was able to register for classes regardless the date stated on the I-20. Since the expiration date went unnoticed by me and the DSO, DSO at my school went ahead and filed some petition to extend the I-20 expiration date to Nov 20, 2005 which is the last day for my semester, even the I-20 date had expired. It's been about 2 months since this petition was filed but the DSO hasn't been able to receive any update on this. This is my last semester and would like to know how this would affect my status and my ability to receive Optional Practical Training.

A - Even though your DSO may not have noticed it, it is ultimately your responsibility to assure that your I-20 and your F-1 status doesn't expire, and in this case you let it expire and fell out of F-1 status on August 25, 2005.  Given the circumstances, it may be possible for you to apply for reinstatement and I am assuming that is what your DSO did.  If not, talk to her immediately about DSO.  Only after you obtain a reinstatement, provided that you are eligible for OPT at that time, you can apply for OPT.

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Q - I have approval to immigrate to US through my son who is US citizen. Can my wife and three children under 21 accompany me?

A - Other children can't enter through your son's petition. Your US citizen son will need to file for them and wait the 10+ years normally required. Your wife can if she is either your son's mother or became his step mother before he turned 18.