Question: 1
I got my I140 and I485 approved last week and I still haven't stamped my passport. My H1B is valid till Jan 2006. My question is can I still use my H1B before I get the stamping done and get married to an Indian citizen from India and bring her on H4 ?. I'm just trying to avoid the I130 route because of delays. If I can't use my H1b to bring her on H4 , which is the best option to bring her quickly to the US after marriage?

Answer
Whether you stamp it or not, you are now a Permanent resident and your records will show that. You are a Permanent Resident the day your case got approved by the Immigration. So your knowledge of getting the Permanent Residency status or your not stamping the passport will not put you back in the H-1B status. The only way now is to file for the I-130 petition and wait, wait and wait. You could also try to bring her in any other visa if she is qualified. Gay marriages are not currently recognized for immigration purposes.

Question: 2
Hello,
I was wondering if it is true that in order for you to call your spouce over to the US, do you have to live there for 2 months straight? How does that exactly work? Can you please help me out?
Thank you

Answer
If you want to file for the spouse case in India then you have to stay in India at least for two months. However if you cannot do that, you can bring your spouse in k-3 visa and then file for the adjustment of status in USA.

Question: 3
Dear Madam!
GREETINGS.
My son obtained his Green Card in Jan. 2004 and he came to India in March, 2004 and got engaged to a girl of our relations for Marriage.
But, we are aware that to bring his wife to US on obtaining Green Card for her, it takes about 5 years period. We dont want to lose a good match for him, that is why with an interest that he will be coming to India making frequent visits, we got engaged to him.
Will you please give us a good advise how to go about our son take his would be wife to USA to live with him.
Eagerly awaiting your kind advice.
Best Regards.

Answer
As you are aware there is a long wait for your daughter in law to come to United States. Since your son recently got his green card, there is a 5 year wait for him to become a citizen. I would suggest that he file for his I-130 now either way. If the processing goes faster and the priority date is reached she can get the green card from India. If there is any law passed like the V visa she may be benefited if the I-130 is filed. If she is qualified for H-1B and has a job offer she can try to come here on H-1B. We cannot do much in this case other than Waiiiiiting. Good Luck

Question: 4
Dear Ms.Kavitha,
This is regarding my sister's wedding proposal. The Boy is holding a H1B visa which would expire in 2005 Dec. whereas my sister is in US on L1. They wish to get married. The groom cannot visit India for the wedding, as he got his H1B after coming to US on B2 Visa and he has not traveled to India so far. So, we are in a dilemma whether to give my sister in hand to this proposal that can't travel to India for the wedding. We wonder whether he wants to utilize my sister's visa category and extend his stay in US. i.e. by changing my sister's visa status from L1 to H1B here in US and get her stamp it in India and make her come back to US. That way he can get his H4. But I’m not that very sure if it's possible, so please clarify the possibilities. And whether this proposal could be genuine, or could be that he wants to utilize my sister's visa changes in the future. Your reply would be appreciated and would help us a big deal.
Thank you.

Answer
He could change his status to H-4 by marrying an H-1B here in USA. However this will not either extend his time of 6 years in USA or will help him much. He cannot even work in H-4. He will be benefited only if your sister is in L-1. He could change his status to L-2 and get a work authorization and work for any employer. He will not gain much in time. If your sister is in L-1A visa, they could get the green card much faster. There are good possibilities that this proposal could be genuine and not just for visa status. Consider all other criteria and see if the groom is a good person and consider his personal and professional career and decide. Good Luck.

Question: 5
Hi Kavitha,
I have always been reading your column and was quite impressed by your clear & concise answers. Now I have a question.
I am working here on an L1 visa valid till Aug 2005 and the I-94 too expires then. I have been working with my company for 2 years and they have not yet filed for my Permanent Residency Status as the company I am working for is under tremendous financial difficulties and losses. Mostly by Jan 2005 the company is due to close. What will be my position then if my company does not apply for my PR or for my L1 extension. Is it possible that I can find some other job and get my L1 transferred or get an H1 visa considering that the cap for H1 visa is already over. I am quite confused as I know that going back to India is not an alternative right now considering my financial position. Please let me know as to what should I do so that I can remain legal out here and find some other job or is there any way that I can apply for my PR myself with a little co-operation from my company. Your experienced advice will be highly appreciated.
Thank You, Kavitha

Answer
You did not mention whether you are in L-1A or L-1B. In L-1A you do not need Labor cert and in L-1B you need one. Either way when the financial status of your company is not good, there is a good chance of denial at the time of fling the I-140 petition. Whether you file it through your attorney or whether your company files it the situation is same. You cannot transfer between L-1 to L-1. The only way for you now is to file for an H-1B transfer in April with a start date of October 10 2004. You can go out of the country in August and come back in October with the stamping.

Question: 6

Hi,
I completed 6 years on H1-B in july 2004.I had applied for a green card 2 years back.I am still waiting for my labour to come through.
My lawyer filed for seventh year extension and it came through in july 2004.She did not apply for change in status for my wife who is living with me on H-4.I would like to know
1.Does she have to apply for change in status for the seventh year or she is alright since my h1-B came through.
2.If not she has overstayed for 3 months, is that going to be a problem getting the new visa again.
3.Can she apply for change of status without going back to India.
Any information will be much appreciated.

Answer
This is a mistake more often committed by H-1B visa holders. I have insisted this many times in my articles and many attorneys keep suggesting that you should file for your H-4 extension when you file for your H-1B extension or transfer.
Attorneys generally advise to file both together. Most of the time attorneys are pressurized to file the H-1B case ASAP and to file for the H-4 later. To encourage filing H-4 together with the H-1B, my office does not even charge for legal fees for H-4 filing when the case is filed together with H-1B. We charge the legal fees only when the H-4 is filed separately.
You have to have valid I-94 for the H-4 visa. The I-94 of the H-1B holder will not put the H-4 in status. You have to file for her visa extension as ASAP. She can do it here without going to India. For more details please call me at 732-393-9557.

Question: 7

Hi, I am a doctor in India; my fiancée is also a doctor who is completing his Residency in US on J1 status. He has got his J1 waiver under process. If he gets J1 waiver will I be getting H4 status? With that H4 status can I change my status to H1 if I can manage to get a Residency position for myself? Or I am eligible for only J1 status?
Can a H4 (dependent on J1 waiver) adjust her status to H1?

Answer
Your fiancée has to file for the H-1B. J-1 waiver will not automatically put him in H-1B. There is a cap limit for H-1B. The cap for fiscal year 2005 has been reached on October 1 2004. The new filing for 2006 starts in April 2005. If your fiancée had not filed for his H-1B, he would be eligible to do that next April for a start date of October 1 2005. If he gets H-1B and if you are married you can come here in H-4.
Yes, you can change status from