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 extend my L1B status. The existing I-94 is going to expire in February 2005. Do I have to file a new petition and how many day before to the expiry of the existing visa do I have to file the application? How many days does it usually take to get approved for the extension?

A - You can apply for an extension up to 180 days prior to the expiration date on your I-94. As for how long the approval will take, consult the processing time chart for the service center that will handle your case (www.visalaw.com/processing.html). Note, however, that you can work for up to 240 days while you are waiting on the extension application to be adjudicated (unless you leave the US while waiting on the approval).

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Q - I got my I-140 approved and my I-485 is pending. I got married two months ago and my wife has an F-1 visa valid until 2006. I filed for her an additional I-485 and I-765 with my application and she received the Receipt Notice from USCIS. And they issued her A# too. Now my question is does she still have to keep her F1 status or she can start her study as an immigrant student. I would appreciate if you would give me guidance.

A - She would be permitted to study on the basis of the adjustment application if she chose to abandon the F-1.

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Q - I was born in ZAMBIA, which I know is eligible for the DV lottery. My dad is a diplomat (he is now entitled to what you may call an A-1 visa BUT when I was born he was entitled to an A-2 visa, according to US system). He was posted to Zambia at the time of my birth. Am I still eligible to take part in the DV lottery using Zambia as my native country? My country of citizenship is not eligible.

A - Yes, you can claim Zambia as it is the country of your birth. Your citizenship is not relevant.

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Q - If a US citizen (mother) files an I-130 green card petition to bring her adult son (child over 21) who is unmarried to the US (Family 1st Preference) and the child later marries before the case is adjudicated, is the petition then converted to the Family 3rd Preference?

A - Yes. The case automatically converts and the priority date transfers as well to the new category. But you will not be able to continue processing in the faster category and there are no changes in this rule.

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Q - Can I file another concurrent I-140/I-485 while another one is I-140/I485 is pending.  I received a request for evidence and I don't think I can produce the VisaScreen on time.  Can I just file another one to buy some time and at the same time maintain status?

You can have more than one I-140 pending at a time, but just one adjustment application.