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 Mexican citizen under an expired H1B status and I am getting married with a U.S. citizen.  Do I have to leave the U.S. at any point of the process before I receive my permanent residency ("green card")?

A - You can process the green card case in the US, but don't try and travel while the case is pending without consulting with your lawyer. Since you entered the US legally, you should be eligible under Section 245(a) of the Immigration and Nationality Act to adjust to permanent residency on the basis of your spouse. But your overstaying your H-1B status could subject you to the reentry bars. It seems unlikely you'll be able to legally travel until the green card is done.

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Q - How long does it take for a person to start working with a company after the company start the H1-B Filing process?

A - Depends on

A. if there is an H-1B visa available. There is a limit on H-1B visas issued each year and if the cap has been hit, you'll need to wait until the new government fiscal year begins. The job might qualify for an exemption from the H-1B cap so that is worth checking.

B. how much money you spend on processing. The normal fee will typically get you a three to four month turnaround. If you pay an extra $1000 for premium processing, the decision will come in less than two weeks.

I'm assuming the case is approval when sent. Delays from requests for additional evidence are not unusual.

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Q - Hi! I would like to ask if it is possible for an H1B visa holder who is an accountant / CPA to prepare income tax for individuals for a fee (outside of H1B employer). And if this is reported on the H1B applicant's personal individual income tax return, how would this affect the immigrant petition filed by employer on behalf of the beneficiary.

A - That would be unauthorized work and a violation of H-1B status (unless a concurrent H-1B got approved for this side work).

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Q - I found a company that is willing to sponsor my visa. However, I heard that H1-B cap has been reached. I called U.S. Citizenship and Immigration Services and I was told that the cap does not apply to me since it is a change of status from F-1 or H1-B and not an initial H1-B. Can I still have my employer file I-129 form?

A - If you're on F-1 status now, you're subject to the cap. If you were already in H-1B status, then you probably would not be subject to the cap (unless you were now with an employer exempt from the cap).

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Where can I download the form FD-258 ( Fingerprint Notification Form for Military personnel).

The FBI has it online at http://www.fbi.gov/hq/cjisd/PDF/fpcardb.pdf .