--Posted 5/19/05--

Q: I'm on R-1 status and my I-94 will expire in February 2006, on the 3rd year anniversary since my entry. My petitioner would like me to get an extension for an additional 2-year period. How long before the expiration of my I-94 can my petitioner file the extension request on Form I-129? Is it 3 months?

A: You can file up to 4 months before it expires. Depending on what country you are from, you may find it more convenient to return home and get a new visa rather than filing an extension.

Q: While writing my name on my I-94 card, I had no room to fill the whole name so I left the last three characters in my name, and I got my I-94 stamped at the port of entry without the last three characters in my name. When I went to apply for my Social Security Number, the officer refused to issue the SSN with the full name as my data from INS show only the name without the last three characters. So please let me know how to correct my name in I-94, so that I can have my full name in my SSN card.

A: You need to file form I-102 available at www.uscis.gov to correct the I-94.

Q: I entered the U.S. in 1994 with an F-1 visa then changed to an H-1B in 1997. I left the US for 20 days and applied for a new H-1B visa in my home country in 1998, then reentered. A new I-94 was issued to me at the airport. Since then I have not left the country.

When applying for the I-485, am I required to prove my legal status from my most recent entry (with the new visa and I-94 issued), or my first entry?

A: You should prove that, as it will often be requested of you. However, training instructions for the USCIS say that it is irrelevant. I have seen denials on the basis that you did not maintain status on a previous entry.

Q: I am applying for naturalization and my interview is scheduled for May. I would like to know more about the oath ceremony in Buffalo, NY. How often are oath ceremonies scheduled in the Buffalo, NY area? Will I be told the date of my oath ceremony right away if I pass my interview? What happens if I cannot attend the oath ceremony to which I am assigned?

A: Ceremonies are usually held once a month in Buffalo. Usually your oath ceremony is done within two months of the interview. You are usually given the date at the interview. If you can't make the date, you are scheduled for the next available date.

Q: My wife has an H-4 visa valid until September 2005 and is currently in India. I am an H-1 holder in the U.S. While in the US I got my H1 transferred to a different employer and the petition was approved. My wife is planning to visit me, but the problem is, I need to know if her H-4 is still valid. Does she have to get a new visa in India based on my new employer?

A: Your wife can use the old H-4 visa as it has not yet expired. She should, however, carry a copy of the new I-94 card you received when you came back from Brazil along with your most recent approval notice. She should be given an I-94 card to expire at the same time as yours does.

Often Customs and Border Protection Inspectors at the Ports of Entry are not aware of all the rules and may attempt to give your wife an I-94 valid only until the end date of her visa. We provide our clients in this situation with a letter and memorandum setting out the proper procedure to make sure that that does not happen. If it does happen, a correction can be made at any CBP office, but it is much more work at that time.

Q: I am from Pakistan and working for 5 months in Chicago on H-1B visa. Recently I lost my passport and am waiting for the new one. Do I have to go to an American Embassy in Canada to get a new visa stamp? Suppose if they reject my visa application in Canada, can I come back to the US by showing only my USCIS H-1B Approval Notice? Or suppose I'm not eligible to apply in Canada... If I can get Canadian immigration, will I be able to apply for an H-1B visa stamp in Canada?

A: The problem with going to Canada and attempting to obtain a new visa is that if the visa is not granted, you may not return to the US. The provision of law that allows a person to return to the US from Canada with an expired visa and current I-94 does not apply as you do not have an expired visa to present, since you lost your passport.

Depending on the countries of your birth and citizenship, there may be additional record checks that you would have to have completed before returning to the US. This can cause delays, but this would be so whether you went to Canada or returned to your country of residence for a new visa.

Q: I wanted some information and help regarding my EB-3 (Skilled worker) Nebraska Service Center process. I am from Pakistan and I filed my I-140 in August 2002. After that I got one RFE which I sent to USCIS. The case is now halted. The case status page has shown the same message for the last 2 years; that preliminary processing was completed and they will give an answer in 150-180 days. It's now March 2005. What should I be doing and what are my chances for approval? Please help.

A: I find that unusual delays invariably are caused by problems with obtaining record checks. At this point I would normally recommend to my clients to have the employer contact a Congressional office to make an inquiry. Without knowing the particulars of your case, that is the best advice I can offer.

Q: I have been on an H-1B for the last 5 and a half years. My Labor Certification has been pending for 2 years. My H-1B is to be finished in October 2005. But in May 2005, my employer terminated me. I have a US citizen child who is 5 years old. What options do I have? Please advise.

A: As long as your previous employer does not terminate your labor certification, you can continue in H-1B status. You would need a new employer and evidence that the labor certification is pending. Your five year old son does not benefit you unless you are in deportation proceedings.